Search for: "Court of Appeals, 5th District"
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28 Nov 2011, 12:00 am
The district court ruled that the arrest warrant authorizing the entry in the home and search for Bowen was valid, and that ruling was never appealed. [read post]
27 Nov 2011, 11:46 pm
The district court ruled that the arrest warrant authorizing the entry in the home and search for Bowen was valid, and that ruling was never appealed. [read post]
25 Nov 2011, 8:25 am
The district court adopted the magistrate judge’s report and recommendation, and Aumais appealed. [read post]
23 Nov 2011, 9:10 am
The Motion was granted in the District Court, but the Fifth Circuit Court of Appeals reversed and remanded the case to the District Court. [read post]
22 Nov 2011, 3:30 pm
November 14, 2011) By Alex Merritt and Michael Wilmar Last week the 5th District Court of Appeal clarified that certain requirements of the Housing Accountability Act, Government Code Section 65589.5, are triggered by all housing developments, not just those that include affordable housing. [read post]
22 Nov 2011, 11:02 am
United StatesDocket: 11-94Issue(s): Whether the Fifth and Sixth Amendment principles that this Court established in Apprendi v. [read post]
21 Nov 2011, 3:46 am
Miller, the 11th District rejects the trial court’s conclusion that the automobile exception to the warrant requirement applies only when the car is being driven on the highway; the court finds it also applies where the car is parked in an apartment parking lot… The 5th District rejects defendant’s ineffective assistance claim in a post-conviction relief petition in State v. [read post]
18 Nov 2011, 10:38 am
BP timely appealed. [read post]
18 Nov 2011, 8:38 am
Circuit Court of Appeals. [read post]
17 Nov 2011, 2:12 pm
The Third District Court of Appeals found that Florida law does not require a prosecutor to prove mens rea or conscious violation of the drug laws. [read post]
16 Nov 2011, 10:45 am
Certiorari-stage documents Opinion below (5th Cir.) [read post]
16 Nov 2011, 3:26 am
The Fifth Circuit affirmed the district court’s denial of the stay pending appeal, holding that while a district court has the discretion to stay the proceedings on the merits, a stay is not automatic. [read post]
14 Nov 2011, 11:05 am
State, a case on appeals from the 5th District Court of Appeals (Dallas). [read post]
14 Nov 2011, 10:08 am
The court disagreed. [read post]
14 Nov 2011, 5:00 am
The seaman countered saying that the general maritime law does not provide for this remedy, and that the Louisiana Fourth Circuit Court of Appeal had previously rejected such a claim in its 2010 opinion in Cotton v. [read post]
14 Nov 2011, 3:31 am
On to the courts of appeals, where there is something new, something old, something blue, whatever… The 8th District decides in State v. [read post]
11 Nov 2011, 11:55 am
As a federal district court charged with applying Texas law under the Erie doctrine, the Southern District of Texas was bound to follow: (1) decisions of the Texas Supreme Court, and (2) predictions of Texas law made by the Fifth Circuit. [read post]
11 Nov 2011, 8:51 am
Justice Kennard also referenced the number of Court of Appeal decisions and Federal District Court decisions that rejected the ensure standard. [read post]
9 Nov 2011, 2:40 pm
Insured Lloyd’s 786 F.2d 1265, 1269 (5th Cir. 1986) (finding partial summary judgment “remain[ed] within the plenary power of the district court to revise or set aside in its sound discretion without any necessity to meet the requirements of Fed. [read post]
9 Nov 2011, 12:34 am
If you made a mistake in Xborough County Court, Mr District Judge A would let you use the clause, but if you made your mistake in a case coming before Mr District Judge B in Yborough County Court your claim would be chucked out. [read post]
