Case law

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

Fuhr v. City of Sherman

Court of Appeals for the Fifth Circuit · Oct 5, 2023

better qualified for the position at issue.” … Whether Fuhr’s credentials qualify him for the position of Animal Services Manager is not dispositive in this case. Rather, Fuhr must establish that he was clearly better qualified than Coleman.

United States v. Jorge Moreno

598 F. App'x 261 · Court of Appeals for the Fifth Circuit · Jan 30, 2015

Accordingly, that finding is not clearly erroneous. Id. Tovar Moreno also argues that the district court clearly erred by refusing to grant an offense level reduction based on his role in the offense. … Tovar Moreno has not established that his role in the offense was peripheral. See Villanueva, 408 F.3d at 204.

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.

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

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. Billie Mac Jobe, Stephen Taylor, Philip Mark Sutton, Stanley Pruet Jobe, and Fernando Novoa

101 F.3d 1046 · Court of Appeals for the Fifth Circuit · Dec 5, 1996

Pettigrew, 77 F.3d 1500, 1510-11 (5th Cir.1996), establish Gaudin error as per se reversible. … In this circuit, however, materiality is not identified as an element of the offense except .for the statement that a material omission of information as well as an actual misstatement qualifies as a false entry.

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. 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.

United States v. Anderson

Court of Appeals for the Fifth Circuit · May 19, 1999

He contends that no evidence established an agreement between him and Garner and Hodge to commit a crime. … “Offenses that do not qualify as part of a common scheme or plan may nonetheless qualify as part of the same course of conduct if they are sufficiently connected or related to each other as to warrant the conclusion that

J.H. Harris, and William J. Martin v. United States

902 F.2d 439 · Court of Appeals for the Fifth Circuit · Jun 7, 1990

Hibernia was clearly an independent third party, and the real and bona fide, separate existence of Harmar is not challenged. … Subsequent decisions have elaborated on Plantation Patterns and identified thirteen factors used to establish whether shareholder advances to a corporation are debt or equity.

Nickel v. Est of Lurline Estes

Court of Appeals for the Fifth Circuit · Sep 22, 1997

Clearly, the plan says nothing about anyone disclaiming on behalf of the beneficiary or entitled beneficiary. … The quoted sentence clearly requires a beneficiary to sign and deliver a written disclaimer that also meets the Code's requirements for being tax qualified.

Jose F. Olivares v. Winston Martin, Director, San Antonio Development Corp.

555 F.2d 1192 · Court of Appeals for the Fifth Circuit · Jul 14, 1977

We have recently repeated that a complaint which alleges the existence of a federal question establishes jurisdiction, so that a dismissal for lack of jurisdiction is appropriate only when the court decides that a claim is … frivolous or insubstantial, i. e., a claim that has no plausible foundation, or when the court concludes that a prior Supreme Court decision clearly forecloses the claim.

Carty v. Thaler

583 F.3d 244 · Court of Appeals for the Fifth Circuit · Sep 17, 2009

“Instead, the test is whether the state court’s decision — that [the petitioner] did not make the Strickland-showing — was contrary to, or an unreasonable application of, the standards, provided by the clearly established … Here, the CCA did not rule that Carty's Additional Further Response qualified under an exception.

United States v. Holy Land Foundation for Relief & Development

624 F.3d 685 · Court of Appeals for the Fifth Circuit · Oct 20, 2010

Kan. 1999) (“The government clearly had a substantial interest in identifying these coconspirators for 801(d)(2)(E) purposes.”). … Moreover, the district court’s statement that there was “ample evidence to establish the association[] of . . .

United States v. Mary Hutson

821 F.2d 1015 · Court of Appeals for the Fifth Circuit · Jun 30, 1987

Hutson argues first that the government failed to establish that the records were not mere accumulations of hearsay and, thus, inadmissible. See United States v. Sanders, 749 F.2d 195, 198 (5th Cir.1984). … Although it is not entirely clear what test should have been applied in this case, the M’Naghten /irresistible impulse test was clearly not applicable. The argument was improper. See United States v.

Legacy Community Health Services, Inc. v. Smith

881 F.3d 358 · Court of Appeals for the Fifth Circuit · Jan 31, 2018

SMITH, Circuit Judge: Legacy Community Health Services (“Legacy”)—a Federally Qualified Health Center (“FQHC”)—sued the Texas Health and Human Services Commission (the “Commission”), through its Executive Commissioner, alleging … To establish a “case, or controversy,” a plaintiff must establish that it has standing. Lujan v. Defs. of Wildlife, 504 U.S. 555, 560-61 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992).

Richard Logan v. Jefferson Sessions, III

690 F. App'x 176 · Court of Appeals for the Fifth Circuit · May 31, 2017

Drell held a one-day bench trial and ultimately issued a ruling that Logan had failed to meet his burden of proof in establishing age discrimination under the ADEA. … Standard of Review “The standard of review for a bench trial is well established: findings of fact are reviewed for clear error and legal issues are reviewed de novo.”

Miriam Danna v. Matt Purgerson

Court of Appeals for the Fifth Circuit · Jan 16, 2019

The defendants asserted qualified immunity and moved for summary judgment. The district court granted summary judgment for the defendants. … And we similarly do not reach the defendants’ qualified-immunity defense; having committed no tort, the defendants need no immunity. 9

United States v. Ray Tamargo, Linda Gail Bowling Scott and Angelo Cannata

637 F.2d 346 · Court of Appeals for the Fifth Circuit · Feb 17, 1981

(b) As to Cannata: Cannata took the witness stand and, contrary to the testimony of half a dozen other witnesses, made the astounding statement that it would take five years to qualify as a bar manager. … This clearly indicates that the omission was material to the official’s consideration of her application.