Case law

Lloyd Nelson v. United States

415 F.2d 483 · Court of Appeals for the Fifth Circuit · Sep 8, 1969

It was clearly established that Hopkins, Seawell and Guerrero planned and carried out the actual burglary. Appellant knew Seawell prior to the burglary. … Moreover, it appears that this information was accessible to appellant prior to trial and, therefore, cannot qualify as “newly discovered” evidence.

Sam Hoover v. Dr. George J. Beto, Director, Texas Department of Corrections

467 F.2d 516 · Court of Appeals for the Fifth Circuit · Dec 18, 1972

In my mind Sellars’ confession was clearly prejudicial. … established that element of the offense charged.

Quigley v. Kimbrough

395 F.2d 100 · Court of Appeals for the Fifth Circuit · May 17, 1968

This paragraph, claims the landlord, establishes attorneys’ fees as “rent” under the lease and thus qualifies such fees for priority treatment under Section 64 of *102 the Bankruptcy Act. … assessments which were stipulated as “additional rent” in a paragraph separate from the basic “rent” paragraph in the lease.); In re Uni-Lab, Inc., supra, 180 F.2d at 179-181 (Under Pennsylvania law payments are not “rent” unless clearly

Lakomy v. United States

70 F. App'x 199 · Court of Appeals for the Fifth Circuit · Jul 11, 2003

To the extent that the district court made factual findings that underlie its decision, these factual findings are binding unless clearly erroneous. See id. … Under Texas law, a finding of cause in fact must be established by probative evidence and cannot be supported by mere conjecture, guess, or speculation. See id.

Bobbie J. Davis v. Joseph A. Califano, Jr., Secretary of Health, Education, and Welfare

599 F.2d 1324 · Court of Appeals for the Fifth Circuit · Jul 25, 1979

Haller’s use of the phrase “chronically disabled” in his December 20, 1974, report was clearly intended to mean that Mrs. Davis’ back pain was inveterate and likely to continue. … Davis was qualified to perform. Dr. Crowder’s expertise was vocations, not medicine. Having heard evidence that had not convinced him that Mrs.

United States v. Timothy Wayne Shannon

21 F.3d 77 · Court of Appeals for the Fifth Circuit · May 4, 1994

The Government argues that Shannon has failed to establish his standing to challenge the search. … Shannon contends that a 1987 state court conviction for attempted burglary, which qualified him as a career offender under the Sentencing Guidelines, was invalid because his guilty plea was involuntary; the plea colloquy

King v. Katzenbach

360 F.2d 304 · Court of Appeals for the Fifth Circuit · Apr 21, 1966

Deportability on the charge stated in the Order ot Show Cause is established. 3 'The case was previously before us on appeal from an order of the special inquiry officer entered on March 27, 1963, granting voluntary departure … The reports of both houses of Congress specifically note that only the parents of adult United States citizens will be permitted to enter without numerical limitation. 3 Petitioner clearly does not qualify as an 'immediate

United States v. Donald James and David Anthony Butler, United States of America v. Henry Smith and Kenneth Wayne Whitmore

576 F.2d 1121 · Court of Appeals for the Fifth Circuit · Jul 20, 1978

The Conspiracy The evidence at both trials established that Hill obtained heroin from sources in California. … The records related to outgoing calls and James was mentioned only in connection with incoming calls. 1 Hill had asked about James’ whereabouts when he called Smith’s residence, and Cochran’s testimony clearly established

Fed. Sec. L. Rep. P 97,275 Peter Piambino v. William E. Bailey, Bestline Products, Inc., a California Corporation, in Re Bestline Products Securities and Antitrust Litigation. Peter Piambino v. William E. Bailey, David Sylva, Compliance Officer of the California Restitutionary Fund, Intervenor-Appellant

610 F.2d 1306 · Court of Appeals for the Fifth Circuit · Feb 6, 1980

He was to make the restitutionary payments on a pro rata basis according to a schedule established in the Instructions. … The respondents here have intimated that the Act only establishes a "principle of comity," not a binding rule on the power of the federal courts.

United Steelworkers of America, Afl-Cio v. Warrior & Gulf Navigation Company

269 F.2d 633 · Court of Appeals for the Fifth Circuit · Jul 30, 1959

This blanket prohibition of strikes and lockouts is nowhere qualified in the Agreement. On the contrary, the entire tenor of the Agreement is that the parties are seeking complete stability. … Under this doctrine, some courts have refused to order arbitration of a dispute otherwise clearly arbitrable on the ground that the plaintiff’s grievance was so clearly without merit that no substantial question for arbitration

City of El Cenizo, Texas v. State of Texas

890 F.3d 164 · Court of Appeals for the Fifth Circuit · May 8, 2018

Section 1373 itself has not been immune from Tenth Amendment scrutiny. See City of New York v. … The plaintiffs have not established that “materially limits” is facially vague under this exacting standard.

United States of America and Edmond J. Martin, Special Agent, Internal Revenue Service v. Craig E. Davis, United States of America and Edmond Martin, Special Agent, Plaintiffs v. Stephen M. Orr

636 F.2d 1028 · Court of Appeals for the Fifth Circuit · Feb 12, 1981

None of the factors identified by the appellants persuade us that this finding is clearly erroneous. … One Court rejects our Authement principle as tantamount to a "judicial grant of immunity without statutory authorization", but permits compelled production as long as the government grants immunity against use of the fact

Maria Munoz v. Eric Holder, Jr.

755 F.3d 366 · Court of Appeals for the Fifth Circuit · Jun 19, 2014

Form I-94, showing that she was paroled into the United States for criminal prosecution in January 2011. 3 Munoz’s counsel did not object to the admission of the Form I-94, or make any argument that the Form I-94 did not establish … It is also undisputed that aggravated assault with a deadly weapon qualifies as a crime involving moral turpitude as defined in 8 U.S.C. § 1182(a)(2)(A)(i)(I).

The Poster Exchange, Inc. v. National Screen Service Corporation

456 F.2d 662 · Court of Appeals for the Fifth Circuit · Mar 7, 1972

As to it, res judicata was clearly not available. … In the light of antitrust policies against the grant of immunity for contemporary violations we “hold that significant actions (or non-actions) occurring subsequent to 1961, either alone or in combination with acts which

Texas Apartment Association v. United States

869 F.2d 884 · Court of Appeals for the Fifth Circuit · Apr 13, 1989

Stated another way, the activity must “contribute importantly” to the league’s exempt purposes for the income it generates to qualify for tax exemption. Treas.Reg. § 1.513-l(d)(2). … However, the testimony at trial established that neither the lease forms nor Landlording specifically incorporate Texas law.

Allemang v. State of Louisiana

Court of Appeals for the Fifth Circuit · Aug 10, 2022

But that uncertainty necessarily means that Rogers is entitled to qualified immunity, because there is no caselaw clearly establishing that Rogers acted unreasonably in arresting Allemang. See Parker v. … In summary, we agree with the district court that Rogers is entitled to qualified immunity, but only because there is no caselaw clearly establishing that he acted unreasonably in proceeding to arrest Allemang for a

United States v. Townsend

31 F.3d 262 · Court of Appeals for the Fifth Circuit · Aug 25, 1994

This is clearly wrong. I.R.C. § 7201 provides that it is a violation for "any person" to willfully attempt to evade or defeat "any tax." … willfulness. 15 and experience in tax prosecutions qualifies him as an expert.

Bayou Landing, Ltd. v. Watts

563 F.2d 1172 · Court of Appeals for the Fifth Circuit · Nov 28, 1977

A city clearly can provide that certain establishments may only operate in specified neighborhoods, or must be located a specified distance from each other, even in a first amendment context. Young v. … regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities

National Labor Relations Board v. The Newton Company

236 F.2d 438 · Court of Appeals for the Fifth Circuit · Sep 6, 1956

But they were better qualified than any others to whom the task might have been assigned. … It is not established that anti-union discrimination was among these factors. Here again we may say, as has been said before, union membership does not grant immunity against discharge. N. L. R. B. v. Nabors, supra; N.

Burge v. Pearl River County

Court of Appeals for the Fifth Circuit · Jul 15, 2004

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory or constitutional rights of … established” for qualified- immunity purposes.