Case law

Phil Whitus and Leon Davis v. R. P. Balkcom, Jr., Warden, State Penitentiary, Reidsville, Georgia

333 F.2d 496 · Court of Appeals for the Fifth Circuit · Jun 18, 1964

that which he holds. * * * [Compelling a colored man to submit to a trial for his life by a jury drawn from a panel from which the State has expressly excluded every man of his race, because of color alone, however well qualified … We held: “Article 543 of the Texas Code of Criminal Procedure sets forth very clearly the requirements for a continuance.

Caldwell v. Johnson

Court of Appeals for the Fifth Circuit · Sep 18, 2000

that the prosecution did “not believe that the defendant is suffering from any mental disorders rendering him incompetent to be executed,” but that “as a precautionary measure,” the district court ought to appoint two qualified … “Stated simply, a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.”

prod.liab.rep.(cch)p 11,375 Johnnie Rex Johnson v. Michelin Tire Corporation

812 F.2d 200 · Court of Appeals for the Fifth Circuit · Mar 11, 1987

He was never offered such employment, however, as he apparently could not pass the qualifying examinations necessary for those positions. … Such an amount is clearly excessive.

Hope v. Harris

Court of Appeals for the Fifth Circuit · Jun 18, 2021

Turning to the second inquiry, to determine what process is due, we look to the framework established in Mathews v. … To be sure, the grossly unsanitary conditions of Hope’s confinement clearly support an Eighth Amendment claim.

United States v. Archbold-Newball

554 F.2d 665 · Court of Appeals for the Fifth Circuit · Jun 22, 1977

It follows that immunity from prosecution for a crime incidentally committed against a local law while performing an overt act pursuant to a conspiracy does not confer immunity to the conspiracy charge nor the naming and … Bruton was specifically limited to hearsay “clearly inadmissible against [the defendant] under traditional rules of evidence”. 391 U.S. at 128 n.3, 88 S.Ct. at 1623. .

62 Fair empl.prac.cas. (Bna) 1336, 62 Empl. Prac. Dec. P 42,573 Walter P. Purcell, Cross-Appellant v. Seguin State Bank and Trust Company, Cross-Appellee

999 F.2d 950 · Court of Appeals for the Fifth Circuit · Sep 2, 1993

), (3) that he was replaced by a younger person, and (4) that he was qualified for the job. … Damages 36 The Bank contends that the jury award of $250,000 in compensatory damages is clearly excessive.

Rapides Regional Medical Center v. Secretary, Department of Veterans' Affairs

974 F.2d 565 · Court of Appeals for the Fifth Circuit · Sep 24, 1992

The APA waives the sovereign immunity to which government agencies would otherwise be entitled for all persons "adversely affected or aggrieved by agency action within the meaning of a relevant statute. . . ." 5 U.S.C. § … to some evidence that might be interpreted as disproving Rapides' intent to participate in the sharing agreement with the VAMC if offered the chance, the district court's implied factfinding is not clearly

United States v. Pittman ex rel. Pittman

808 F.2d 385 · Court of Appeals for the Fifth Circuit · Jan 12, 1987

We hold that the district court was clearly erroneous. This case does not present a choice between two constitutional plans. … The district judge instituted a model system of soliciting desegregation plans from qualified experts.

Whole Woman's Health v. Charles Smith

Court of Appeals for the Fifth Circuit · Jul 17, 2018

Addressing TCCB’s claims of First Amendment privilege, the court first rejected free exercise and establishment clause arguments because any such privilege claim is necessarily qualified, not categorical. … The issue was clearly stated in TCCB’s motion to quash.

United States v. Grammas

376 F.3d 433 · Court of Appeals for the Fifth Circuit · Jun 8, 2004

Grammas was sentenced to at least 7 and up to 19 months more time than he would have received had he pleaded guilty and qualified for a three point reduction under Guidelines § 3E1.1(b). … The majority opinion must use a separate basis for establishing prejudice.

Clyde Jacquet v. Roy E. Westerfield

569 F.2d 1339 · Court of Appeals for the Fifth Circuit · Mar 24, 1978

These coupons may then be used at face value to purchase food at qualifying retail stores. 7 U.S.C.A. § 2013 (a). … The disqualification regulation clearly is appropriate for the effective and efficient administration of the program.

Sea Robin Pipeline Co. v. Federal Energy Regulatory Commission

127 F.3d 365 · Court of Appeals for the Fifth Circuit · Oct 23, 1997

In the past, the Commission has employed three different tests, namely, the behind-the-plant test, the central-point test, and the primary function test, to determine whether a company’s facilities qualify for … Treating the first Farmland factor, the length and diameter of the facility, the Commission decided that “based on the very large size of [Sea Robin’s] system, th[e] demarcation between gathering and transmission [was] clearly

Michael Haskins v. R. Nicholson

548 F. App'x 960 · Court of Appeals for the Fifth Circuit · Oct 10, 2013

On the other hand, we review “non-discrimination claims based on the administrative record, and will uphold the [MSPB]’s determinations unless they are clearly arbitrary and capricious, unsupported by substantial evidence … To establish a prima facie case of discrimination, a plaintiff must show that he is a member of a protected class, is qualified for the job, suffered an adverse employment action by the employer,

Nose v. Attorney General of U.S.

Court of Appeals for the Fifth Circuit · Jun 7, 1993

787, 792, 97 S.Ct. 1473, 1478, 52 L.Ed.2d 50 (1977) ("Our cases "have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government's political departments largely immune … English for over two years at a major United St ates university, and subsequently passed a state English proficiency exam, see Record on Appeal, vol. 2, at 144-45; (2) that each of the six VWPP forms which Nose signed, clearly

Lipschitz v. Price

154 F.3d 418 · Court of Appeals for the Fifth Circuit · Jul 30, 1998

immunity from Lipschitz’s state tort claims; and (4) the County is entitled to sovereign immunity. … The County is immune from suit.

Archie Johnson v. City of Bastrop

Court of Appeals for the Fifth Circuit · Dec 1, 2017

App. 2002). 7 5 Officer Hollins has not argued that he is immune from suit pursuant to qualified immunity. … immunity.

Jacob Davis v. City of Alvarado

Court of Appeals for the Fifth Circuit · Nov 3, 2020

“Regardless of subsection, RICO claims under § 1962 have three common elements: ‘(1) a person who engages in (2) a pattern of racketeering activity, (3) connected to the acquisition, establishment, conduct, or control … Since the provision does not discuss any acts or threats that qualify as RICO predicates, Davis’s reliance on it is misplaced.

Hall v. Quarterman

534 F.3d 365 · Court of Appeals for the Fifth Circuit · Jul 9, 2008

established at the time a state court renders its final judgment of conviction.” 37 A state court decision is contrary to clearly established federal law in two instances — first, where it is “diametrically different, opposite … Under this rule Justice Powell’s opinion constitutes 'clearly established' law for purposes of § 2254 and sets the minimum procedures a State must provide to a prisoner raising a Ford-based competency claim.”

Pretus v. Diamond Offshore Drilling, Inc.

571 F.3d 478 · Court of Appeals for the Fifth Circuit · Jun 12, 2009

One of the early cases establishing the framework for this rule is Urie v. … Slipping on a floor would qualify, but so would severe headaches after months of breathing toxic fumes.

United States v. Rahimi

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.