August 30, 2008 – 2:40 pm
The following published opinion was released by the U.S. Court of Appeals by the Fifth Circuit on August 29, 2008:
U.S. v. Salazar (Higginbotham, Davis, Barksdale, JJ.; opinion by Barksdale, J.) (appeal from E.D. Tex.). Affirming conviction and sentence for witness tampering offense. The Fifth Circuit affirmed the conviction against the defendant’s sufficiency challenge, […]
August 28, 2008 – 9:06 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 26, 2008:
Jenkens & Gilchrist APC v. Groia & Co. (Jones, C.J., Davis, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Affirming in part and vacating in part district court’s denial of Rule 60(b) motion […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged automatic stay, bankruptcy, confrontation clause, default judgment, excessive force, Fed. R. Civ. P. 60(b), Fourth Amendment, marital privilege, qualified immunity, sentencing, Sentencing Guidelines
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August 25, 2008 – 7:12 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 22, 2008:
Mapes v. Bishop (King, Higginbotham, Garza, JJ.; per curiam opinion) (appeal from M.D. La.) (sua sponte recalling mandate, withdrawing prior panel opinion, and issuing new panel opinion). One year following his acquittal on charges of […]
August 22, 2008 – 7:36 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 19, 2008:
U.S. v. Duhon (Reavley, Garza, Benavides, JJ.; opinion by Benavides, J.) (appeal from W.D. La.) (on remand from U.S. Supreme Court). Affirming downward variance for sentence of sixty months’ probation on conviction on one count […]
August 15, 2008 – 3:04 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 14, 2008:
U.S. v. Reasor (Higginbotham, Stewart, Southwick, JJ.; opinion by Stewart, J.) (appeal from W.D. Tex.). Affirming sentence of defendant on multiple counts of forgery, mail fraud, and credit fraud. Defendant had been sentenced to […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged Bible, Class Action Fairness Act, class certification, commonality, death penalty, ERISA, forgery, government misconduct, habeas, harmless error, perjury, predominance, preemption, sentencing, subject matter jurisdiction, Telephone Consumer Protection Act
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August 14, 2008 – 10:33 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 13, 2008:
U.S. v. Garza (Smith, DeMoss, Stewart, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Vacating district court’s sentence enhancement for creating “substantial risk of death or serious bodily injury to another person” in sentencing […]
August 13, 2008 – 3:53 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 12, 2008:
Wardlaw v. Cain (Garza, Dennis, Mills, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming district court’s dismissal of petitioner’s claims as untimely under AEDPA. The Fifth Circuit held that Smith v. Ward, 209 […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "serious drug offense", Armed Career Criminal Act, bad faith, bankruptcy, Commerce Clause, exhaustion, First Amendment, Fourth Amendment, habeas corpus, retaliation, sanctions, sentencing, standing, statute of limitations, stop-and-frisk, § 1983
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August 12, 2008 – 8:56 am
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 11, 2008:
Dorsey v. Portfolio Equities Inc. (Jones, C.J., Wiener, Clement, JJ.; opinion by Clement, J.) (appeal from N.D. Tex.). Affirming in part and reversing in part district court’s dismissal of plaintiff’s federal securities fraud claims. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 30, 2008:
U.S. v. Baker (Jolly, Clement, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part conviction on child pornography charges, and remanding for resentencing. The Fifth Circuit […]
The following opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 28, 2008:
Richardson v. Quarterman (Jones, C.J., Garwood, Jolly, JJ.; opinion by Garwood, J.) (appeal from N.D. Tex.). Affirming denial of habeas relief to petitioner on argument that trial judge should have recused himself because the trial judge’s […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged 924(c), appearance of bias, Brady violation, child abuse, Due Process, forfeiture, Fourth Amendment, FRE 403, habeas corpus, hearsay, jury instructions, presumptive bias, qualified immunity, recusal, Sentencing Guidelines, Sixth Amendment, structural error, sufficiency of evidence
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