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, […]
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, jury instructions, presumptive bias, qualified immunity, recusal, Sentencing Guidelines, Sixth Amendment, structural error
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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 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, ineffective assistance of counsel, preliminary injunction, sentencing
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The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 6, 2008:
U.S. v. Ramos-Cardenas (King, Stewart, Prado, JJ.; per curiam opinion) (revision of opinion originally released on April 9, 2008). Affirming convictions on charges of possession of more than 100 kilograms of marijuana, holding that the […]
By Tad Bartlett
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Posted in The Bartlett Blawg, U.S. 5th Circuit
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Also tagged Bruton violation, codefendant statements, confrontation clause, criminal, guilty plea, harmless error, marijuana possession, out-of-court statements, post-arrest statements, Sixth Amendment
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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, ineffective assistance of counsel, Miranda, personal jurisdiction, plain error, post-Miranda, self-incrimination, sentencing, Sentencing Guidelines, specific jurisdiction, voir dire
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The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 30, 2008:
U.S. v. Gulley (King, DeMoss, Southwick, JJ.; per curiam) (substituted for opinion released April 8, 2008). The Fifth Circuit held that there was sufficient evidence for a rational jury to conclude that the defendant aided […]
The following published opinions were released by the U.S. 5th Circuit Court of Appeals on April 9, 2008:
U.S. v. Ramos-Cardenas (King, Stewart, Prado, JJ.; per curiam). Affirming convictions on drug possession charges, holding that the evidence was sufficient, that the defendants’ Sixth Amendment confrontation clause rights were not violated by the admission of post-arrest […]
Published opinions released by the U.S. 5th Circuit on April 8, 2008:
U.S. v. Gulley (King, DeMoss, Southwick, JJ., per curiam). Affirming conviction for first degree murder; finding sufficient evidence; finding no error in district court’s exclusion of evidence of victim’s eight prior instances of violence, which defendant had sought to introduce to support self-defense […]
5/2/08 Opinions - US 5th Cir.
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. […]