Case law

United States v. Armando Bardales

623 F. App'x 221 · Court of Appeals for the Fifth Circuit · Nov 19, 2015

“A factual finding is not clearly erroneous if it is plausible, considering the record as a whole.” United States v. … He thus fails to establish plain error. See Puckett, 556 U.S. at 135. AFFIRMED. 4

Duncan v. Cockrell

70 F. App'x 741 · Court of Appeals for the Fifth Circuit · Jul 7, 2003

The police ascertained the identity of the caller as Robert Alexander, he was granted immunity, and the police arranged for him to tape phone conversations between he and Duncan who was then living in Seattle. … Assuming arguendo that Duncan’s inadequate hearing argument is not waived, it clearly fails to persuade us that a COA is warranted. Duncan cites to May v. Collins, 955 F.2d 299 (5th Cir. 1992) for support.

Nelson v. Lumpkin

72 F.4th 649 · Court of Appeals for the Fifth Circuit · Jun 30, 2023

It noted that Nelson’s trial counsel were “both highly experienced attorneys who were well-qualified to represent [him] at his capital-murder trial,” and that they “became fully versed in and knowledgeable of the … Second, the state prisoner must show that the state court’s decision “was contrary to, or involved an unreasonable application of,” law clearly established by the Supreme Court, 28 U.S.C. § 2254(d)(1), or that the

Bettye M. Twitty v. State Farm Life Insurance Company

502 F.2d 1037 · Court of Appeals for the Fifth Circuit · Oct 11, 1974

These statutory and contractual limitations on the powers of the agent were clearly the substance of Insurer’s case. … Reinstatement is subject to (1) the payment of all overdue premiums with compound interest at the rate of six per cent per annum on such overdue premiums; (2) the payment or re-establishment of any indebtedness existing at

Upchurch Packing Co. v. United States

151 F.2d 983 · Court of Appeals for the Fifth Circuit · Nov 20, 1945

It insists, however, that since, if the reorganization and merger had not taken place, it might have qualified itself to sue under Sec. 902(b) by repaying plaintiff, the merger with plaintiff, though not constituting a legal … All evidence relied upon in support of such claim shall be clearly set forth under oath.

Cruz Garcia v. Eric Holder, Jr.

Court of Appeals for the Fifth Circuit · Aug 8, 2014

With regard to CAT relief, the IJ noted that in order to qualify for CAT protection, the harm must be inflicted by, or with the acquiescence of, a government official. … However, government acquiescence in the form of low-level officials acting under color of law could be found even if the extortionists were not clearly police officers.

Vanderbilt Mtge and Fin, Inc. v. Cesar Flores, et

692 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 23, 2012

“A trial court abuses its discretion when it bases its decision on an errone- ous view of the law or a clearly erroneous assessment of the evidence.” … Again, establishing a violation of Chapter 12 required proof that the defendant “ma[d]e, present[ed], or use[d] a document . . . with: (1) knowledge that the docu- ment . . .

Alonzo Wimberly Jenkins, Jr., as Executors Under the Will of Martha O. Jenkins, Deceased v. United States

428 F.2d 538 · Court of Appeals for the Fifth Circuit · Oct 12, 1970

Two nephews of the sisters, Alonzo Wimberly Jenkins, Jr., and McLendon Wash Jenkins, qualified as the executors of both estates. … The substantive powers she received at the time of her sister’s death clearly came within the definition of a general power of appointment in § 2041(b) (1) of the Internal Revenue Code, and these powers were clearly exercisable

Slappey Drive Industrial Park v. United States

561 F.2d 572 · Court of Appeals for the Fifth Circuit · Oct 19, 1977

It is well established that shareholders may loan money to their corporations and achieve corresponding tax treatment. See United States v. Snyder Bros. … If the intended structuring accords with the type arrangement that qualifies for taxation as debt, that intent supports a finding of debt.

Pacific Molasses Company v. National Labor Relations Board Regional Office # 15

577 F.2d 1172 · Court of Appeals for the Fifth Circuit · Aug 8, 1978

. § 109.18 (a), provides that the petitioning union must be the authorized agent of at least 30% of the employees in the proposed unit in order to establish a showing of interest of a "substantial number of employees" as … To qualify under Exemption 6, the requested information must consist of "personnel, medical or similar files," and the disclosure of the material must constitute a "clearly unwarranted invasion of personal privacy."

United States v. Norbert

Court of Appeals for the Fifth Circuit · Mar 16, 2021

Nothing in the record supports a finding that the district court’s factual finding on the sequence of events in this situation was clearly erroneous. … Once it’s established that officers had reasonable suspicion to Terry stop Norbert, everyone agrees his suppression motion fails.

United States v. Dixon

273 F.3d 636 · Court of Appeals for the Fifth Circuit · Nov 15, 2001

. §924(c)(1) established that it concluded that defendant used a short-barreled shotgun during and in relation to the kidnapping. … Clearly, the only potential "double counting" prohibited by either the original or the amended Commentary is enhancement of the offense level for the offense which underlies the gun count.

Sun v. Commissioner

880 F.3d 173 · Court of Appeals for the Fifth Circuit · Jan 18, 2018

But merely turning over financial documents to an accountant is not enough to establish a good faith defense. Todd, 486 F. App’x. at 427. … We will not disturb the tax court’s conclusion that Sun did not establish the defense. IV.

Carpenters Local Union No. 1846 Of The United Brotherhood Of Carpenters And Joiners Of America v. Pratt-Farnsworth, Inc.

690 F.2d 489 · Court of Appeals for the Fifth Circuit · Jan 5, 1983

, but concludes that A has not been established and therefore declines to consider whether B has been established, a reviewing court that reverses the conclusion that A has not been established must remand to the agency to … Clearly section 9(b) refers only to cases pending before the Board under the NLRA.

United States v. Fields

483 F.3d 313 · Court of Appeals for the Fifth Circuit · Apr 2, 2007

Additionally, only a few showed clearly the gunshot wounds in the victim’s skull. … Accordingly, the district court did not clearly abuse its discretion in admitting the thirty-two photos of the victim’s body. 5.

Grilletta v. Lexington Ins Co

Court of Appeals for the Fifth Circuit · Feb 9, 2009

Given that the trial consisted of a battle of qualified experts who all presented plausible theories, the district court was free to choose among these reasonable explanations in rendering its decision. … Lexington challenges this finding on appeal, but it fails to demonstrate how the court clearly erred.

Shurley v. TX Cmerc Bnk

Court of Appeals for the Fifth Circuit · Jul 15, 1997

DISCUSSION We review the bankruptcy court's factual findings under the clearly erroneous standard, and we review its legal conclusions de novo.4 Under section 541 of the Bankruptcy Code5 a bankruptcy estate … time of the trust's creation does not fall within the self-settlor rule—the bankruptcy court found that she had equity in the property at the time of the creation of the trust in 1965.30 This fact finding is not clearly

Marvin H., Kaye H. And Bryan H. v. Austin Independent School District

714 F.2d 1348 · Court of Appeals for the Fifth Circuit · Sep 22, 1983

To remedy this situation the Act provides public school districts with federal funding for the education of handicapped children provided that the state establishes a special education program which assures all handicapped … In any action brought under this paragraph the court shall ... grant such relief as the court determines is appropriate. 12 . 29 U.S.C. § 794 provides in pertinent part: No otherwise qualified handicapped individual ... shall

Mattie Williams, Cross-Appellant v. Public Finance Corporation, Cross-Appellee. Ruth A. Jackson, Cross-Appellant v. Uslife Credit Corporation, Cross-Appellee. Linda L. Smith v. Public Finance Corporation, Leonard and Cora Singletary v. Public Finance Corporation

598 F.2d 349 · Court of Appeals for the Fifth Circuit · Jul 5, 1979

Hanley clearly stated that, for reasons of public policy, money paid pursuant to such a contract cannot be recovered. … The ILA establishes for these loans permissible interest rates that are much higher than the rates under Georgia's general usury statute, Ga.Code Ann. § 57-101 (1977).

Peters v. Lowery

Court of Appeals for the Fifth Circuit · Aug 20, 2003

On June 11, 1996, the defendants filed motions for summary judgment based on qualified immunity. On July 31, 1996, the plaintiffs filed a motion to amend their complaint. … immunity through additional discovery.