Case law

United States v. Santos Charles, Jr. And Steven McAninch

738 F.2d 686 · Court of Appeals for the Fifth Circuit · Aug 13, 1984

Because we conclude that both findings were clearly erroneous, we reverse the order of the district court. … We feel that it has been established ‘A’ that the interrogation by Agent Stepp [on March 16] was custodial; that the focus of the investigation had clearly been placed on the officers; that they were — now, the times are

United States v. Cecil Dwayne Evans, Arnold Gene Tate, and Charles Edward Gent, Jr.

572 F.2d 455 · Court of Appeals for the Fifth Circuit · Jun 16, 1978

While mere knowledge of a conspiracy is not alone sufficient to hold an alleged coconspirator responsible as a culpable participant, Gent’s actions clearly and unmistakably furthered the independently established conspiracy … Gent clearly does not.

United States v. Gonzales

Court of Appeals for the Fifth Circuit · Apr 6, 1994

Section 3E1.1(b) established a tripartite test to determine entitlement to the additional one-level decrease for acceptance of responsibility. United States v. … The sentencing court is directed to grant the additional one-level decrease in the defendant's offense level if (i) the defendant qualifies for the two-level decrease under § 3E1.1(a) for acceptance

United States v. Stevens

Court of Appeals for the Fifth Circuit · Dec 21, 2022

The “burden of establishing entitlement to relief for plain error” is on the party claiming it. United States v. Dominguez Benitez, 542 U.S. 74, 82, 124 S. Ct. 2333, 2340 (2004). … apart on either side of midnight. 3 But we need not decide whether the district court erred, much less clearly or obviously erred, because Stevens has not shown that any alleged error affected his substantial

Brookwood v. City of Ridgeland

Court of Appeals for the Fifth Circuit · Nov 20, 2024

Ridgeland moved to dismiss the individual Defendants, arguing that they were entitled to qualified immunity. The district court allowed the case to proceed, denying Ridgeland’s motion. … The parties here clearly defined the price term for this land via this provision. As a result, Brookwood’s contract had a definitive price term.

Salazar v. South San Antonio Independent School District

690 F. App'x 853 · Court of Appeals for the Fifth Circuit · Jun 15, 2017

“Either way,” Salazar correctly observes, “members of the District’s board or superintendent’s office would not know of the abuse, yet the latter clearly would support the District’s direct liability under Gebser.” … The Court left room for identifying attributes of such an official beyond the “minimum” qualifiers set forth in Gebser when facts different from those in Gebser arose and warranted additional parameters in order to insure

United States v. Louis Lee Hyde, Joseph Burtis Middlebrooks, Jr., Patricia Jean Middlebrooks, and Pedro Rocha Arenas, United States of America v. Joseph Burtis Middlebrooks, Patricia Jean Middlebrooks, and Pedro Rocha Arenas

574 F.2d 856 · Court of Appeals for the Fifth Circuit · Aug 14, 1978

Clearly, however, probable cause to intercept communications may exist even where no tangible evidence can be found. … Middlebrooks (whose complicity in the cocaine conspiracy was established beyond question).

Humble Oil & Refining Co. v. Sun Oil Co.

191 F.2d 705 · Court of Appeals for the Fifth Circuit · Sep 20, 1951

it may not have been previously established by an action at law. 17 Encycl. … In the last analysis, our decision must rest upon these findings, as in our judgment they are not clearly erroneous.

Helen B. Barnes, M.D. v. The State of Mississippi

992 F.2d 1335 · Court of Appeals for the Fifth Circuit · May 26, 1993

II The appellees argue that this qualified two-parent consent/judicial bypass statute regulating abortion is unconstitutional. … While the Rule establishes the kinds of allegations a minor must make to initiate a bypass of parental consent, it does not make those allegations, if proved, the sum and substance of the statutory “best interests” test.

Perkins v. Texas Department of Criminal Justice-Correctional Institutional Division

514 F. App'x 488 · Court of Appeals for the Fifth Circuit · Feb 22, 2013

To prevail on such a claim, the plaintiff must establish that a defendant denied him treatment, purposefully gave him improper treatment, ignored his medical complaints, “or engaged in any similar conduct that would clearly … Perkins has also waived any argument that the magistrate judge erroneously determined that the defendants enjoyed Eleventh Amendment immunity to the extent that they were state agencies or were acting in an official capacity

United States v. Rahimi

59 F.4th 163 · Court of Appeals for the Fifth Circuit · Feb 2, 2023

The Government need not identify a “historical twin”; rather, a “well-established and representative historical analogue” suffices. Id. at 2133. … First, they are more clearly a part of our tradition of firearm regulation.

Burge v. Stalder

Court of Appeals for the Fifth Circuit · Dec 9, 2002

He also asserts defense of qualified immunity. Burge seeks unspecified state law claims. … The purposes underlying the doctrine of qualified immunity support the conclusion that it is an immunity not merely from liability but also from the costs associated with trial.4 Consequently, “[t]he district court need not

United States v. Rondalyn Addison

714 F. App'x 477 · Court of Appeals for the Fifth Circuit · Mar 15, 2018

The fact that a defendant has pleaded guilty to the charged offense does not automatically qualify her for the reduction. § 3E1.1, comment. (n.3). … Addison has not established that the denial of the reduction was “without foundation.” United States v. Juarez-Duarte, 513 F.3d 204, 211 (5th Cir. 2008).

Vernell Carson v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

993 F.2d 461 · Court of Appeals for the Fifth Circuit · Jun 8, 1993

Carson pleaded not guilty but admitted a prior conviction qualifying him for enhanced sentencing as a repeat offender. Boyd and Carlette both testified at Carson’s jury trial. … Washington, 17 the Supreme Court held that in order to substantiate an ineffective assistance of counsel claim, the petitioner must establish both the attorney’s deficient performance and prejudice to the defense flowing

Marbury-Pattillo Construction Co. v. Bayside Warehouse Co.

490 F.2d 155 · Court of Appeals for the Fifth Circuit · Feb 25, 1974

Both reports clearly stated that in the absence of full piling support there would be settlement in the storage tank floors — the only, question being how much and how soon it would occur. … The word “disabled” in the stipulation was not qualified by the word “physically” or any other limiting term.

Lelsz v. Kavanagh

807 F.2d 1243 · Court of Appeals for the Fifth Circuit · Jan 21, 1987

Waiver of a state’s sovereign immunity, like waiver of any constitutipnal right, is strictly construed in favor of the holder of the right. Pennhurst II, 465 U.S. at 99 , 104 S.Ct. at 907; see Edelman v. … Future cases and decrees will be more clearly framed. See, e.g., New York Ass’n for Retarded Children v. Carey, 706 F.2d 956 (2d Cir. 1983), cert. denied, 464 U.S. 915 , 104 S.Ct. 277 , 78 L.Ed.2d 257 (1983). .

United States v. Williams

610 F.3d 271 · Court of Appeals for the Fifth Circuit · Jun 24, 2010

“A finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” … Nine African–Americans were qualified for the jury pool, and the Government exercised peremptory strikes on five of them.

Raymond R. Stone v. Louie L. Wainwright, Director, Etc., Eugene P. Huffman v. James F. Tompkins

478 F.2d 390 · Court of Appeals for the Fifth Circuit · Apr 19, 1973

Although the wording of their pro se petitions was somewhat imprecise, petitioners were clearly seeking relief on allegations that their confinement was in contravention of the United States Constitution. 5 *****The United … Specific arguments that have been advanced include allegations that such statutes unconstitutionally (1) invade a penumbral right to privacy, 7 (2) establish a religion by promoting nonsecular religious morals, 8 (3) impose

International Ass'n of Machinists, AFL-CIO v. Central Airlines, Inc.

295 F.2d 209 · Court of Appeals for the Fifth Circuit · Oct 13, 1961

Adjustment Board, carry “no legislative determination as to their finality or as to their being a basis of federal suit jurisdiction”. 11 Judge *214 Tuttle, speaking for the Court, held: “[T]he legislative design of Congress is clearly … Ed. 70 , 74: “To bring a case within [Section 1331], a right or immunity created by the Constitution or laws of the United-States must be an element, and an essential one, of the plaintiff’s cause of action.”

Rodriguez v. Pacificare of Texas, Inc.

Court of Appeals for the Fifth Circuit · Jan 12, 1993

meets the requirements to qualify as an ERISA welfare benefits plan. … The Pacificare HMO plan provided to Rodriguez by his employer clearly meets this test.