November 10, 2008 – 5:09 pm
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on November 6, 2008:
Caillouet v. First Bank & Trust (Smith, Prado, Yeakel, JJ.; per curiam opinion) (appeal from E.D. La.). Affirming the district court’s affirmance of the bankruptcy court’s judgment in favor of the trustee, but vacating the amount […]
September 20, 2008 – 11:23 am
The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 19, 2008:
Blanton v. Quarterman (King, Higginbotham, Garza, JJ., opinion by Garza, J.) (appeal from W.D. Tex.). Affirming district court’s denial of habeas relief on capital petitioner’s claims of ineffective assistance of counsel in preparation and presentation […]
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 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 20, 2008:
U.S. v. Hayes (Higginbotham, Benavides, Dennis, JJ.; opinion by Dennis, J.). Vacating district court’s order of habeas relief related to ineffective assistance of counsel at the sentencing stage and remanding for and evidentiary hearing on […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "under color of law", bankruptcy, career offender, criminal, equitable subordination, ERISA, FRE 413, preliminary injunction, sentencing, sufficiency of evidence
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 27, 2008:
Gomez v. Quarterman (Davis, Smith, Dennis, JJ.; opinion by Smith, J.). Denying application for Certificate of Appealability. Petitioner is a Mexican citizen who confessed to the murder of three teenagers in Texas and was […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged citizen suit, Clean Water Act, Compulsory Process Clause, coverage, habeas corpus, insurance, Louisiana Product Liability Act, mootness, Securities Exchange Act, Sixth Amendment, strict liability, vendor's endorsement, Vienna Convention, Witherspoon
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 14, 2008:
Stroman Realty, Inc. v. Antt (Garwood, Smith, DeMoss, JJ; opinion by Smith, J.). The plaintiff, a Texas-based real estate concern involved in listing properties and timeshares on the internet but that did not carry real […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged 4(m), abandonment, equitable subrogation, general jurisdiction, habeas corpus, interpleader, personal jurisdiction, price fixing, specific jurisdiction, UCC
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 2, 2008:
U.S. v. Fambro (Higginbotham, Smith, Owen, JJ.; opinion by Owen, J.). The Fifth Circuit affirmed the defendant’s conviction for being a felon in possession of a firearm and his sentence of 327 months’ imprisonment. […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged "commitment" questions, abandonment of appeal argument, Armed Career Criminal Act, conflict of interest, constructive possession, cooperating witness, crack cocaine, criminal, Doyle error, Due Process, general jurisdiction, hypothetical questioning, improper prosecutorial comment, Miranda, personal jurisdiction, plain error, post-Miranda, self-incrimination, sentencing, Sentencing Guidelines, specific jurisdiction, sufficiency of evidence, voir dire
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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 […]