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 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 8, 2008:
McIntosh v. Partridge (Garwood, Clement, Elrod, JJ.; opinion by Garwood, J.) (appeal from S.D. Tex.). Affirming dismissal of lawsuit on summary judgment. Plaintiff McIntosh was the director of dentistry at the Richmond State School […]
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 published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 21, 2008:
U.S. v. Kimbrough (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.) (appeal from E.D. La.). Vacating the defendants’ sentences and remanding for resentencing. Defendants pled guilty to various obstruction of justice and accessory-after-the-fact charges […]
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) […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 3, 2008:
U.S. v. Davis (Davis, Smith, DeMoss, JJ.; per curiam opinion). Defendant pleaded guilty to felon in possession of a firearm; his guilty plea contained an appeal waiver. Upon his appeal, his federal public defender […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 23, 2008:
St. Paul Travelers Insurance Co. v. Century Asphalt Materials LLC (Higginbotham, Benavides, Dennis, JJ.; opinion by Dennis, J.). Contractor Technology (”contractor”) made payments for materials delivered by Century Asphalt (”supplier”) for contractor’s Texas public works […]
Bernhard v. Whitney National Bank. Vacating district court judgment on basis of lack of federal question jurisdiction, and remanding with instructions to remand to state court.
Hannah v. U.S.. Affirming summary judgment against pro se prisoner plaintiff, who had brought FTCA action seeking redress for mistreatment of MRSA infection.
5/8/08 Opinions - US 5th Cir.
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 8, 2008:
Ayanbadejo v. Chertoff (Wiener, Barksdale, Dennis, JJ.; per curiam opinion) (revision of opinion originally released February 8, 2008). Reversing district court and remanding for new trial on appellants’ immigration claims. The Fifth Circuit held […]