November 21, 2008 – 8:38 am
According to the U.S. Fifth Circuit’s July ‘07-June ‘08 Judicial Workload Statistics report, for the ‘07-’08 reporting year, out of 7,634 appeals there were 369 petitions for panel rehearing and 213 petitions for en banc rehearing. Of the 369 panel rehearing petitions, 16 were granted (for a success rate of 7.5%). Of the 213 en […]
November 20, 2008 – 7:42 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 19, 2008:
U.S. v. Orji-Nwosu (Benavides, Southwick, Haynes, JJ.; opinion by Haynes, J.) (appeal from S.D. Tex.). Affirming defendant’s conviction of possession with intent to distribute more than five kilograms of cocaine. The defendant was arrested after airport […]
November 19, 2008 – 9:46 am
According to the Louisiana Supreme Court’s 2007 Annual Report, 1,214 writ applications were filed with the Court in criminal matters in 2007; 377 of those were by represented parties, while 837 were prisoner pro se applications. Of the total criminal applications, 100 were granted, and 17 were heard by the Court in oral arguments. The […]
November 19, 2008 – 9:04 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on November 18, 2008:
Stover v. Hattiesburg Public School District (Higginbotham, Stewart, Southwick, JJ.; opinion by Stewart, J.) (appeal from S.D. Miss.). Affirming in part, reversing in part, and vacating in part judgment rendered on jury verdict in favor of […]
November 18, 2008 – 9:48 am
According to the Louisiana Supreme Court’s 2007 Annual Report, in 2007 there were 1,106 writ applications in civil matters. Of those, 1,064 were from represented parties and 42 were prisoner pro se applications. Of the total for civil writ applications, 93 writs were granted and 37 actually proceeded to oral argument before the Court. Translated […]
November 18, 2008 – 9:10 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on November 17, 2008:
U.S. v. Jackson (Smith, Wiener, Haynes, JJ.; opinion by Smith, J.) (appeal from E.D. Tex.). Affirming conviction and death sentence for murder. Defendant was a federal prisoner who was charged with killing another inmate with a […]
November 17, 2008 – 9:41 am
Last Friday, I posted my every-month-or-two statistics and observations from opinions issued by the U.S. Fifth Circuit, U.S. Supreme Court, and Louisiana Supreme Court. The response on this topic always seems a bit keener than the day-to-day opinion summary posts, which causes me to think that perhaps we all have a bit more of the […]
November 15, 2008 – 10:48 am
The Louisiana Supreme Court has issued a statement and decision that the new proposed lawyer advertising rules, previously scheduled to go into effect on December 1, 2008, will now not go into effect until April 1, 2009. In light of constitutional challenges raised to the new rules, “the Court finds that to compel compliance with […]
November 14, 2008 – 8:46 pm
On November 14, 2008, the U.S. Fifth Circuit announced that it will rehear en banc the case of U.S. v. Seale, involving the issue of whether the federal kidnapping prosecution of a 1964 Civil Rights-related kidnapping and murder was time-barred. Additionally, the Court granted a panel rehearing in Cadles of Grassy Meadows II v. Goldner, […]
November 14, 2008 – 4:11 pm
It is time (OK, it is probably a little past time, but, thankfully, things have been a bit busy here at The Bartlett Law Firm) for a look back at statistics and observations regarding appellate and legal happenings affecting Louisiana and the U.S. Fifth Circuit in the months of September and October. Following closures due […]
