Category Archives: Court Opinions

11/20/08 Opinions - US 5th Cir.

November 21, 2008 – 8:41 am

For November 20, 2008, the U.S. Court of Appeals for the Fifth Circuit released no opinions designated for publication; there were 10 unpublished opinions issued.

By Tad Bartlett | Also posted in The Bartlett Blawg, U.S. 5th Circuit | Comments (0)

Stat/Tip of the Day #3: 5th Cir. rehearings

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 […]

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11/19/08 Opinions - US 5th Cir.

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 […]

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Stat/Tip of the Day #2: La. S. Ct. writs - criminal

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 […]

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11/18/08 Opinion - US 5th Cir.

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 […]

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Stat/Tip of the Day #1: La. S. Ct. writs - civil

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 […]

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11/17/08 Opinion - US 5th Cir.

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 […]

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Delay in new Louisiana lawyer advertising rules

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 […]

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11/14/08 Opinions - US 5th Cir. (new en banc case)

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, […]

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11/12/08 Opinion - US Supreme Ct.

November 12, 2008 – 1:28 pm

The following decision was issued by the U.S. Supreme Court on November 12, 2008:

Winter v. Natural Resources Defense Council, Inc. (opinion by Roberts, C.J., joined by Scalia, Kennedy, Thomas, Alito, JJ.; Breyer, J., concurring in part and dissenting in part, joined by Stevens, J., as to part I; Ginsburg, J., dissenting, joined by Souter, J.). […]

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