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 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 29, 2008:
Indiana Electrical Workers’ Pension Trust Fund IBEW v. Shaw Group Inc. (Jones, C.J., Stewart, Clement, JJ.; opinion by Jones, C.J.) (appeal from E.D. La.). On interlocutory appeal, reversing district court’s denial of motion to dismiss […]
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 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 23, 2008:
U.S. v. Plascencia (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.; dissent by Owen, J.) (appeal from N.D. Tex.). Affirming district court’s dismissal of defendant’s § 2255 petition on the basis that it was time-barred. […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 22, 2008:
In re: Repine (Reavley, Smith, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part district court’s affirmance of bankruptcy court decision awarding actual and punitive damages to […]
The following published opinion were released by the U.S. Court of Appeals for the Fifth Circuit on July 16, 2008:
Baker v. Canadian National/Illinois Central Railroad (Higginbotham, Smith, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.). Affirming judgment on jury verdict in favor of defendant railroad company on suit brought by driver of […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 14, 2008:
Indian Harbor Ins. Co. v. Valley Forge Ins. Group (Jolly, Clement, Owen, JJ.; per curiam opinion) (appeal from S.D. Tex.). Affirming summary judgment of district court in dismissing claims by paving subcontractor’s insurer against auto […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 7, 2008:
Silvercreek Management Inc. v. Banc of America Securities LLC v. Regents of University of California (Smith, Prado, Ludlum, JJ.; opinion by Smith, J.). Affirming district court’s denial of motion to extend class action opt-out deadline […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 25, 2008:
Butler v. Cain (Davis, Southwick, Clark, JJ.; opinion by Southwick, J.). The petitioner did not file for direct appeal of his conviction for second-degree murder timely, but the Louisiana Supreme Court subsequently considered (and denied) […]
8/6/08 Opinion - US 5th Cir.
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on August 6, 2008:
Geiger v. Cain (Garwood, Clement, Elrod, JJ.; opinion by Elrod, J.) (appeal from E.D. La.). Reversing grant of habeas relief by district court on grounds of prosecutorial misconduct and ineffective assistance of counsel. The […]