Case law

Haley v. Dretke

376 F.3d 316 · Court of Appeals for the Fifth Circuit · Sep 27, 2002

A federal court must defer to a state court’s resolution of both pure questions of law and mixed questions of law and fact unless the state court’s determination was “contrary to” or an “unreasonable application” of clearly … established federal law as determined by the Supreme Court. § 2254(d)(1).

COX v. McDONNELL-DOUGLAS CORP.

665 F.2d 566 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

A limitations period is considered substantive "where the statute creates a right and also incorporates a limitation upon the time within which the suit is to be brought," because in such instances "the limitation qualifies … V. 32 While the minor plaintiffs' action clearly is not time-barred, there is considerably more doubt with respect to Mrs. Cox's claim.

United States v. Noe Lopez-Gonzalez

916 F.2d 1011 · Court of Appeals for the Fifth Circuit · Oct 30, 1990

Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), had already adopted a “totality of the circumstances” approach to determining whether an informant’s tip establishes probable cause; White extended this holding … Although the tip here is not wholly lacking in detail, it is clearly less detailed than that in White . Nevertheless, several indi-cia of reliability here adequately make up for this relative paucity of detail.

Louisiana ex rel. Guste v. Verity

853 F.2d 322 · Court of Appeals for the Fifth Circuit · Aug 15, 1988

In addition, many shrimpers have successfully constructed and installed qualified, homemade TEDs, at a much lower cost. … De Castro, 429 U.S. 181, 185 , 97 S.Ct. 431, 434 , 50 L.Ed.2d 389 (1976) (imperfect classifications are constitutional unless “clearly wrong, a display of arbitrary power, not an exercise of judgment”).

Pierre v. Vasquez

Court of Appeals for the Fifth Circuit · Jan 6, 2022

The DPS separately moved to dismiss on the ground that it is a state agency and therefore immune under the Eleventh Amendment. … Ct. at 2204 (recognizing that “reputational harms” qualify as “concrete” injuries) (citing Meese v.

Linn v. Chivatero

714 F.2d 1278 · Court of Appeals for the Fifth Circuit · Sep 19, 1983

In reply, the IRS agents contend that Linn's action is barred by the Anti-Injunction Act, the lack of anomalous jurisdiction, and the doctrine of sovereign immunity. 9 II. … That clearly is my view. It is imperative, however, that the IRS prove its right to retain possession of the documents and any copies thereof.

Washington v. Strickland

693 F.2d 1243 · Court of Appeals for the Fifth Circuit · Dec 23, 1982

This clearly was error; the court should have provided petitioner the opportunity to establish his alleged sentencing profile. 32 150 The court committed its third error when it allowed the original state sentencing judge … Tunkey, the record makes clear that, as a criminal attorney, he is eminently qualified and experienced.

Jesse Coy Kimbrough v. Dr. George J. Beto, Director, Texas Department of Corrections

412 F.2d 981 · Court of Appeals for the Fifth Circuit · May 26, 1969

the record, or were induced by an erroneous view of the law, and the burden of showing that the findings are clearly erroneous is on the one attacking them. … He was going to ask the court to require that he furnish bail bonds with sureties who could qualify for the amount of the bonds. b. He was going to have him re-indicted as an habitual criminal.

Texas v. United States Environmental Protection Agency

690 F.3d 670 · Court of Appeals for the Fifth Circuit · Aug 13, 2012

The untimely disapproval unraveled approximately 140 permits issued by Texas under the revision’s terms, and now requires regulated entities to qualify for pre-revision permits or risk federal sanctions. … The EPA found that the Flexible Permit Program “has no express regulatory prohibition clearly limiting its use to Minor NSR and has no regulatory provision clearly prohibiting the use of this submitted Program from circumventing

Ionmar Compania Naviera, S.A., as Owner of the Motorship Nicolaos D.L., Central of Georgia Railroad Company v. Olin Corporation v. Smith & Kelly Company, Climatrol Industries, Inc. v. M/v Nicolaos D.L., Olin Corporation v. Smith & Kelly Company, Consolidated Bearing Company Pty., Ltd. v. M/v Nicolaos D.L., Olin Corporation v. Smith & Kelly Company

666 F.2d 897 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

This inference was compelling once the judge gave full credence to the opinions of admittedly qualified experts and the testimony of those who observed the fire develop. … As for the second prong of its claim, the district court's findings are clearly inadequate.

United States of America, Plaintiff-Appellee-Cross-Appellant v. Ronald Joseph Clayton, Defendant-Appellant-Cross-Appellee

172 F.3d 347 · Court of Appeals for the Fifth Circuit · Apr 12, 1999

37 The plain language of § 3C1.1 clearly does not command such a bizarre result under any known rules of interpretation. … In the light of this proof, it is unnecessary for us to elaborate further on the other evidence establishing venue in this case 4 The evidence is clearly sufficient to support the civil rights conviction.

United States v. Cantu

340 F. App'x 186 · Court of Appeals for the Fifth Circuit · Jul 14, 2009

a generic statutory rape.30 Similar to Lopez-DeLeon, here the sum of Cantu’s confession sufficiently establishes that he committed a generic burglary. … erred in its determination that Cantu’s Texas burglary conviction, case number F-9575353, qualifies as a violent felony

Cooper Stevedoring of Louisiana, Inc. v. Washington

556 F.2d 268 · Court of Appeals for the Fifth Circuit · Jul 20, 1977

This is in accord with the established principle, long ago recognized by the Supreme Court, that “statutes of limitation go to matters of remedy, not to destruction of fundamental rights.” … Clearly, an employee sustaining an injury, or his dependents in the event of death resulting therefrom, can reasonably be presumed to have knowledge thereof.

United States v. Garcia

99 F.4th 253 · Court of Appeals for the Fifth Circuit · Apr 23, 2024

Otherwise, every mere transportation of drug money in this manner would also qualify as a money laundering offense. Id. at 317 (internal citations omitted) (quoting United States v. … For example, it does not establish what was happening directly before the search, and it does not even establish that a warrantless search took place.

United States v. Umawa Imo

Court of Appeals for the Fifth Circuit · Jan 7, 2014

Instead, the Government has to establish “that the scheme depended for its success in some way upon the information and documents which passed through the mail.” Id. 3. Discussion a. … The district court has not clearly erred if its findings are “plausible in light of the record as a whole.” Id. (internal quotation marks and citation omitted).

David R. Ruiz, United States of America, Intervenor-Appellee v. W. J. Estelle, Jr.

679 F.2d 1115 · Court of Appeals for the Fifth Circuit · Jun 23, 1982

Nathan is fully qualified to assume the enormous responsibilities of monitoring compliance with the Court’s order in this cause. … The appointment of a separate and qualified monitor for each of Texas’ 16 prisons would result in an enormous expenditure of public funds.

Reser v. CIR

Court of Appeals for the Fifth Circuit · Jun 16, 1997

But we do not find this choice problematical —— we conclude that the Price approach is clearly the better. … Reser has borne her burden of establishing every element of the innocent spouse defense.

Nobby Lobby, Inc. v. City of Dallas

970 F.2d 82 · Court of Appeals for the Fifth Circuit · Aug 27, 1992

The court also found that Officer Bardin was qualifiedly immune and dismissed Nobby Lobby's suit against him in his individual capacity. … We review the district court's finding of bad faith and harassment under the clearly erroneous standard. Fed.R.Civ.P. 52(a); Shaw, 467 F.2d at 122.

Moreau v. Harris County

158 F.3d 241 · Court of Appeals for the Fifth Circuit · Oct 19, 1998

In general, allowing an employer to establish uniform employment policies with respect to questions not previously negotiated seems preferable to allowing each employee to establish his or her own policy, and it is certainly … In establishing this approach, we 3 There may be situations in which an employer is required to negotiate before establishing a workplace rule. See,e.g., National Labor Relations Bd. v.

United States v. Jose Chavira

530 F. App'x 330 · Court of Appeals for the Fifth Circuit · Jun 11, 2013

“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 … 7  Case: 12-40136 Document: 00512270105 Page: 8 Date Filed: 06/11/2013 No. 12-40136 Temporal proximity alone is insufficient to establish