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, criminal, Due Process, forfeiture, Fourth Amendment, FRE 403, habeas corpus, hearsay, presumptive bias, qualified immunity, recusal, Sentencing Guidelines, Sixth Amendment, structural error, sufficiency of evidence
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The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on July 25, 2008:
Nano-Proprietary, Inc. v. Canon, Inc. (Reavley, Benavides, Owen, JJ.; opinion by Benavides, J.) (appeal from W.D. Tex.). Affirming in part and reversing in part judgment in favor of plaintiff but awarding no damages to plaintiff […]
The following opinions were released by the Louisiana Supreme Court on May 21, 2008:
Burmaster v. Plaquemines Parish Government (Calogero, C.J.; dissenting opinions by Victory, Traylor, JJ.). The Court held that 2006 La. Act 545 — which purported to retroactively provide immunity to public entities for claims brought pursuant to La. Civil Code arts. 2317 […]
By Tad Bartlett
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Posted in LA Supreme Court, The Bartlett Blawg
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Also tagged Atkins, criminal, death penalty, Due Process, hearsay, Hurricane Katrina, Hurricane Rita, immunity, insurance coverage, jury verdict, pro se, public record, Roper, Valued Policy Law
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The following additional published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 8, 2008:
U.S. v. Harper (King, DeMoss, Owen, JJ.; opinion by Owen, J.) (opinion substituted for opinion originally released January 8, 2008, upon granting petition for panel rehearing). Affirming convictions and sentences for drug possession, conspiracy, […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged apportionment of fault, attorneys' fees, co-defendant, collateral source rule, confrontation clause, cooperating witness, criminal, employee reference letter, grandfathered alien, harmless error, I-130, immigration, sentencing
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