Case law

United States v. Cornelius Wilson

Court of Appeals for the Fifth Circuit · Aug 14, 2015

. § 4B1.1, when Presley had only one prior qualifying conviction. … This conversation clearly establishes that Cornelius knew Lee converted the cocaine Cornelius sold to him.

Betty J. James and Raymond Miller v. Walter Headley, Chief of Police of the City of Miami

410 F.2d 325 · Court of Appeals for the Fifth Circuit · Apr 9, 1969

In Brinson the district court construed Gault as having established the “serious offense rule”. … I start with the general principle that the Sixth Amendment establishes the right to counsel in “all criminal prosecutions”.

Szwak v. Earwood

592 F.3d 664 · Court of Appeals for the Fifth Circuit · Dec 29, 2009

In conclusion, the language of § 543 clearly circumscribes the actions of superseded custodians to those which are necessary to preserve the assets of the estate once a bankruptcy petition has been filed. … June 29, 2005). . 258 F.3d 385, 387 (5th Cir.2001) ("In order to qualify as an 'actual and necessary cost’ under section 503(b)(1)(A), a claim against-the estate must ...

United States v. Augustus Charles Bobo, Jimmy Hancock, Jimmy Bruce Rowan, and Robert W. Kennington

586 F.2d 355 · Court of Appeals for the Fifth Circuit · Jan 29, 1979

The record clearly established that it was the practice in Rowan’s organization to give people heroin for going along on buying trips. Record, vol. 4, at 154,165, 195-96, 365, 375, 381. … Their claims of prejudice are clearly without merit. The statement, as read to the jury, implicated Willet and two other unnamed persons.

Anderson v. Cytec Industries, Inc.

619 F.3d 505 · Court of Appeals for the Fifth Circuit · Sep 14, 2010

Even if the letters were more clearly relevant to the issue before the court, they would not serve as anything more than additional expert opinions. … And as established above, Cytec was not obliged to accept the opinions of Anderson’s treating physicians. See Corry, 499 F.3d at 401.

United States v. Kenneth Fairley

880 F.3d 198 · Court of Appeals for the Fifth Circuit · Jan 22, 2018

The same agent testified that Fletcher admitted that Interurban did not work on the Pinebelt projects, but that Fletcher had allowed Fairley to use Interurban’s name to qualify for HUD grants. … This finding was not clearly erroneous.

Liberty Mutual Fire v. Canal Insurance

Court of Appeals for the Fifth Circuit · Jun 18, 1999

Instead, Sierra contracted for the transportation services of an airplane and a qualified pilot. … Canal next contends that Wilson qualifies as an insured under subsection 1(b) because he was using, with ATCO’s permission, a covered auto hired by ATCO.

Tennessee Gas Pipel v. Houston Casualty Ins

Court of Appeals for the Fifth Circuit · Jul 8, 1996

M/V Sonora, 985 F.2d 808 (5th Cir.1993) (permitting removal of a maritime claim where jurisdiction is proper under the Federal Sovereign Immunities Act). 7 Poirrier, 648 F.2d at 1066. 8 43 U.S.C. § 1332 … This was clearly enough physical activity on the OCS to constitute an operation. In EP Operating Ltd. Partnership v.

Milo Williams v. Gerald Bedison

Court of Appeals for the Fifth Circuit · Jul 3, 2018

Amendment free exercise and Fourteenth Amendment equal protection rights were not wrong, we also see no error in the district court’s finding that Bedison is protected from Williams’s claims by the Eleventh Amendment and qualified … immunity doctrines.

McClure v. Ashcroft

335 F.3d 404 · Court of Appeals for the Fifth Circuit · Jun 20, 2003

A district court abuses its discretion if it: (1) relies on clearly erroneous factual findings; (2) relies on erroneous conclusions of law; or (3) 7 misapplies … As a result, Plaintiffs must establish that “their claimed injury is personal, particularized, concrete, and otherwise judicially cognizable”.

Spring Branch Indep Sch Dist v. O.W.

961 F.3d 781 · Court of Appeals for the Fifth Circuit · Jun 12, 2020

At the October 8 meeting, the School District determined that O.W., who was removed from class on a daily basis due to his disruptive behavior, qualified for § 504 accommodations. … “Mixed questions should be reviewed under the clearly erroneous standard if factual questions predominate, and de novo if the legal questions predominate.” Seth B. ex rel. Donald B. v. Orleans Par. Sch.

United States v. Lakeisha Schaffer

439 F. App'x 344 · Court of Appeals for the Fifth Circuit · Aug 24, 2011

Testimony established that the field is neither untested nor unestablished. Agent Creasey detailed his extensive knowledge and experience in the field. … Wireless Company, was qualified, without objection, as an expert in cell site analysis and provided similar testimony and conclusions as Agent Creasey.

Murphy v. Johnson

Court of Appeals for the Fifth Circuit · Feb 15, 1996

Following the hearing, the magistrate judge dismissed the claim of excessive force on the grounds of qualified immunity and dismissed the due process claim on grounds that it was frivolous. We affirm. … The Fifth Circuit has expressly held that in determining claims of qualified immunity, the objective reasonableness of the officer's conduct must be measured with reference to the law as it existed at the time of the conduct

United States v. Garcia

121 F.3d 704 · Court of Appeals for the Fifth Circuit · Jul 16, 1997

ending up on the qualified wheel is less than ten percent,” the defendants did not make out a Sixth Amendment violation. Id.; see also United States v. … The court’s finding was not clearly erroneous.

United States v. Villegas

Court of Appeals for the Fifth Circuit · May 19, 2005

The court found that the district court erred as a matter of law in finding that a prior conviction qualified as “a crime of violence.” Id. at *2-5. … Moreover, because Fadipe and Houston clearly establish that the sentence enhancement under § 2K2.1(b)(5) was inappropriate in this instance, we also find that the district court’s error was plain, in the sense that it

Joseph Reinagel, Jr. v. Deutsche Bnk Nation

Court of Appeals for the Fifth Circuit · Jul 15, 2013

, beneficiary, owner, or holder of a [deed of trust],” or (2) “if the [deed of trust] has been assigned of record, the last person to whom the [deed of trust] has been assigned of record.”3 Deutsche Bank claimed that it qualified … The Texas Supreme Court has established “a presumption . . . that parties contracted for themselves,” which applies “unless it ‘clearly appears’ that they intended a third party to benefit from the contract.”28 Here, the

Falsone v. United States

205 F.2d 734 · Court of Appeals for the Fifth Circuit · Jun 26, 1953

Clearly, in the part of Rule 81(a) (3) quoted, supra, when construed in connection with Rule 43(a), it was not intended to make so radical a change in administrative procedure as to require that such agencies be restricted … “(ii) Certified public accountants who have duly qualified to practice as certified public accountants in their own names, under the laws and regulations of any State or Territory, or the District of Columbia, and who are

Ronald Hines v. Jessica Quillivan

Court of Appeals for the Fifth Circuit · Dec 4, 2020

representation of an ability and willingness to perform an act listed in Paragraph (A); (C) the use of a title, a word, or letters to induce the belief that a person is legally authorized and qualified … The Vizaline court disagreed, holding that general licensing regulations are not automatically immune from First Amendment scrutiny. Id. at 934.

United States v. Eric McGinnis

Court of Appeals for the Fifth Circuit · Apr 21, 2020

To sustain a facial challenge, “the challenger must establish that no set of circumstances exists under which the [statute] would be valid.” United States v. Salerno, 481 U.S. 739, 745 (1987). … protective order clearly and without implication prohibit the use, attempted use, or threatened use of physical force.

James G. Davis v. State of Alabama

596 F.2d 1214 · Court of Appeals for the Fifth Circuit · Jun 13, 1979

The facts before the trial court that were potentially relevant to competency 18 clearly do not satis- fy the Bruce standard. … And with regard to the record now before us, if there is any evidence at all establishing ineffectiveness in this regard, it is clearly not sufficient in my opinion to allow this court to overturn the finding of the district