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17 Dec 2010, 8:07 am
U.S., 223 F.2d 681 (5th Cir. 1995). [read post]
16 Dec 2010, 5:39 pm
Understand that when you raise such a challenge courts might respond like the court did in United States v Harris, 932 F2d 1529, 1537 (5th Cir. 1991):Finally, the appellants raise the tired argument that the sentencing guidelines are unconstitutional since they permit the district court to resolve factual disputes without the benefit of a jury. [read post]
16 Dec 2010, 8:44 am
District Court for the Eastern District of Texas, and Thomas Reavley, U.S. [read post]
15 Dec 2010, 1:21 pm
(quoting In re Volkswagen of Am., Inc., 545 F.3d 304, 310 (5th Cir. 2008) (en banc)). [read post]
15 Dec 2010, 3:51 am
(The state made an interlocutory appeal to the 6th District, which reversed the suppression and sent the case back for trial.) [read post]
13 Dec 2010, 11:33 am
On appeal to the Eleventh Circuit, Plaintiff challenged the district court’s decision to allow Defendant to amend its Answer during trial. [read post]
13 Dec 2010, 11:10 am
Circuit Court of Appeals for the Fifth Circuit, in an appeal filed by Hearst Newspapers, LLC concerning a criminal proceeding, U.S. v. [read post]
13 Dec 2010, 3:30 am
In a consolidated appeal, the Fifth Circuit affirmed the district court’s remand order. [read post]
13 Dec 2010, 3:05 am
Last week, the Ninth Circuit Court of Appeals issued its opinion in U.S. v. [read post]
12 Dec 2010, 12:25 pm
Some weeks earlier, in February 2010, the 5th family court of Bilbao had issued a certificate under Article 42 of the Regulation ordering the immediate return of Andrea to her father. [read post]
10 Dec 2010, 11:41 am
" In its conclusion, the court disagreed with the Fourth District Court of Appeal's ruling in Port Sewall Harbor & Tennis Club Owners Association, Inc. v. [read post]
10 Dec 2010, 10:37 am
Rick Perry appointed 18 district court judges to replace those who retired or died in office, as well as five Court of Appeals judges (including two each on the 2nd and 5th Courts) and two Texas Supreme Court Justices.Fewer opinions from the Texas Court of Criminal AppealsJust a few highlights regarding the court's caseload:In 2010, mandatory matters comprised 76.7 percent of all cases added to the docket.Filings… [read post]
6 Dec 2010, 12:38 pm
A panel of the 5th U.S. [read post]
6 Dec 2010, 7:04 am
The district court granted summary judgment against Leipzig on this ERISA claim, and he appealed. [read post]
5 Dec 2010, 8:03 am
Mass. 2009) (“Decisions of district courts and Courts of Appeals (often analogizing cell phones to the earlier pager technology) trend heavily in favor of finding that the search incident to arrest ... exception[] appl[ies] to searches of the contents of cell phones. [read post]
1 Dec 2010, 5:54 pm
United StatesDocket: 10-150Issue(s): Whether the Supreme Court can review a decision by a court of appeals that it lacks jurisdiction to review a federal prisoner’s motion based on newly discovered evidence that the prisoner is mentally retarded and therefore constitutionally ineligible for execution, even if that evidence does not negate the prisoner’s guilt; whether, if AEDPA precludes a successive habeas petition in such a scenario, it is… [read post]
30 Nov 2010, 12:15 pm
The district court was within its discretion in denying a sentence reduction based on the danger that defendant presented. [read post]
30 Nov 2010, 3:59 am
Amway Corp., 280 F.3d 519, 527-28 (5th Cir. 2002); Lipscher v. [read post]
26 Nov 2010, 1:59 am
-elect Fallin was previously the congresswoman from Oklahoma's 5th Congressional District, which she has served since 2007. [read post]
24 Nov 2010, 6:58 am
The district court granted Matrixx's motion on this ground, and Carter appealed. [read post]
