Case law
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46 F.3d 426 · Court of Appeals for the Fifth Circuit · Feb 17, 1995
Nzurum's testimony clearly establishes that Okwechime aided and abetted in the filing of her false return. … This hardly qualifies as a promise; it is merely an assumption made by the court in passing. There is no plain error. D. Sentencing 1.
Cited 64 timesPublished136 F.2d 530 · Court of Appeals for the Fifth Circuit · Jun 17, 1943
The word presently in both instances means at this time, and clearly indicates temporary rather than permanent residence. … Since the only reference in the letter to the year 1937 is qualified by the word presently, the Board gave the letter no weight or value whatever favorable to the taxpayer.
Cited 7 timesPublishedCourt of Appeals for the Fifth Circuit · Feb 5, 2009
If the written Plea Agreement discloses clearly that Arguelles underpaid his 1999 taxes by more than $10,000, the DHS’s failure to file it has caused this court to expend time and effort unnecessarily on the appeal, the oral … The IJ therefore improperly relied on statements set forth in Arguelles’s PSR to establish the loss amount for the 1999 tax year.
Cited 1 timesPublished298 F.2d 696 · Court of Appeals for the Fifth Circuit · Apr 10, 1962
It is a heavy burden on qualified Negro students, because of their race. … The limitation of evidence to that pertaining to the summer session of 1961 is clearly erroneous. It is erroneous since the policy and practice of the University in admissions were at issue.
Cited 1 timesPublishedCourt of Appeals for the Fifth Circuit · Jan 6, 2003
The denial of a motion for summary judgment based on qualified immunity is immediately appealable only when based on an issue of law. * Pursuant to 5TH CIR. … Insofar as Johnson challenges the district court’s legal determination that federal law clearly established that Jane B.’s custodial status entitled her the protections of the Fourteenth and Eighth Amendments during her
Cited 0 timesUnpublished400 F.2d 306 · Court of Appeals for the Fifth Circuit · Jan 13, 1969
The trial court found that the alleged additional qualifications sought to achieve constitutionally qualified jurors as recommended by the Judicial Conference of the United States. … United States, 5 Cir. 1966, 366 F.2d 34 , the Court held that 28 U.S.C. § 1861 , as amended by the Civil Rights Act of 1957, established unform, not minimum, standards of federal juror qualifications.
Cited 28 timesPublished364 F.2d 721 · Court of Appeals for the Fifth Circuit · Aug 8, 1966
The definition of obscenity in Roth, as thus qualified, has been consistently followed in every obscenity case thereafter decided by the Supreme Court. See Bantam Books, Inc. v. … On the contrary, that opinion clearly indicated that what it referred to as "patent offensiveness" was already included in the Roth definition.
Cited 1 timesPublished340 F.3d 222 · Court of Appeals for the Fifth Circuit · Jul 24, 2003
This information exceeds the level this circuit has found sufficient to establish a reasonable suspicion of danger. … Arguing that his motion to suppress was not related to factual guilt, Maldonado asserted that his case fell within the “rare situation” of Comment 2 where the defendant may qualify for acceptance of responsibility even
Cited 85 timesPublished604 F.3d 197 · Court of Appeals for the Fifth Circuit · May 7, 2010
Therefore, the “clearly established law” described in Abdul–Kabir and Brewer controls this case. … All of these authorities set out the clearly established law for purposes of this case.
Cited 0 timesPublishedWoodhouse v. Magnolia Hospital
Court of Appeals for the Fifth Circuit · Aug 8, 1996
Instead, what is suspicious in reduction-in-force cases is that the employer fired a qualified, older employee but retained younger ones. … See Thornbrough, 760 F.2d at 642 (plaintiff can show discrimination in a RIF case by establishing, inter alia, that she was qualified to assume another 11 position at the time of
Cited 0 timesPublished488 F.3d 672 · Court of Appeals for the Fifth Circuit · Jun 4, 2007
On October 13, 1999, the Immigration Judge (“IJ”) found that Romero’s assault conviction qualified as an aggravated felony, pursuant to 8 U.S.C. … No. 101-649 § 511(a), 104 Stat. 4978, 5052 (1990), after the BIA had established the practice of granting § 212(c) eligibility to aliens presently in the country.
Cited 31 timesPublished71 F. App'x 337 · Court of Appeals for the Fifth Circuit · Aug 4, 2003
No. 02-41648 -2- contends that the constitutional right at issue was clearly established and that Bertrand acted unreasonably. … Qualified immunity shields police officers from suit “unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, F.3d , 2003 WL 21313717, *2 (5th Cir.
Cited 0 timesUnpublishedCourt of Appeals for the Fifth Circuit · May 1, 2025
We agree with the district court that, under the Antiterrorism and Effective Death Penalty Act (AEDPA), the state court’s decision did not “involve[] an unreasonable application of[] clearly established Federal law, as determined … In the AEDPA context, “circuit precedent does not constitute ‘clearly established Federal law, as determined by the Supreme Court.’
Cited 0 timesUnpublishedSolis v. Rio Grande City Independent School
734 F.2d 243 · Court of Appeals for the Fifth Circuit · Jun 18, 1984
They also stated that they wanted to offer the summer teaching positions to the best-qualified teachers, to those that had not previously taught in the summer terms, and to teachers in financial need. … This factual determination was clearly a material fact issue raised by the pleadings and the evidence which the Trial Court was required to submit to the jury.
Cited 1 timesPublishedCanal Barge Company, Inc. v. Torco Oil Company Gulfstream Trading, Ltd. Company
220 F.3d 370 · Court of Appeals for the Fifth Circuit · Jul 20, 2000
Nevertheless, Canal Barge attempted to qualify Silloway on those topics; whereupon, Torco objected. The magistrate sustained the objection. … Thus, we are not of the view that custom played a role in necessarily establishing the standard of care.
Cited 168 timesPublished66 F.3d 751 · Court of Appeals for the Fifth Circuit · Oct 3, 1995
The individual defendants claimed qualified immunity and the University argued that there was no implied private right of action under Title IX for damages for employment discrimination. … The House report accompanying the Act stated: In establishing the applicability of Title VII to State and local employees, the Committee wishes to emphasize 10 that
Cited 88 timesPublishedCourt of Appeals for the Fifth Circuit · May 12, 2022
For each of these criminal acts, one of the unindicted, immunized co- conspirators was responsible and so admitted. . . . … In its original brief, the Government disputed this claim, arguing that the “aggravated form of RICO conspiracy” at issue in this case qualified as a crime of violence.
Cited 0 timesPublishedUnited States v. Enrique Alvarez-Gonzalez
542 F.2d 226 · Court of Appeals for the Fifth Circuit · Oct 27, 1976
We consider only whether the La Gloria checkpoint qualifies as the functional equivalent of the border for immigrations searches. … The search in question occurred prior to the Supreme Court’s decision in Ortiz that clearly required probable cause for a search at a permanent checkpoint. See United States v.
Cited 21 timesPublished565 F.2d 881 · Court of Appeals for the Fifth Circuit · Jan 4, 1978
He was clearly the focus of the investigation. The arrest was made immediately after the fifteen-minute conversation ended. … Senators and congressmen do not enjoy civil process immunity or immunity from testifying in criminal cases, Gravel v. United States, 1972, 408 U.S. 606, 614-15 , 92 S.Ct. 2614 , 33 L.Ed.2d 583 ; United States v.
Cited 61 timesPublishedAAA Bonding Agency, Inc. v. United States Department of Homeland Security
596 F. App'x 294 · Court of Appeals for the Fifth Circuit · Jan 12, 2015
While DHS argued that AAA was only liable severally for each of these bonds, AAA maintained that the bond agreement, which established joint and several liability, was controlling, and that the Settlement between Safety National … The court rejected this argument, reasoning that notice to both parties was not a condition precedent to performance because the bond agreement did not clearly specify notice to both was required. Id.
Cited 1 timesPublished
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