Case law

United States v. Richard H. Thier

801 F.2d 1463 · Court of Appeals for the Fifth Circuit · Jan 27, 1987

This is not to say that a defendant's payment of fees to his counsel will always immunize such fees from post-trial forfeiture, only that a defense lawyer's knowledge of the charges against the client does not ipso facto … The defendant has requested this exemption on the basis of his qualified right to counsel of choice.

United States v. Rickey Beene

818 F.3d 157 · Court of Appeals for the Fifth Circuit · Mar 8, 2016

Under this expansive definition, Beene’s driveway qualifies as an open field. … [his vehicle] for the purpose of finding something” qualified as a “search” as that word is used in the everyday sense. Kyllo v. United States, 533 U.S. 27, 33 n.1 (2001) (quoting N.

Perry Austin v. Lorie Davis, Director

876 F.3d 757 · Court of Appeals for the Fifth Circuit · Nov 30, 2017

Court also said that “[i]t is well - settled that the Sixth and Fourteenth Amendments-guarantee -a defendant-on trial fo'r his life the right to an impartial jury,” 23 but the sentence following that statement contained qualifiers … Abrahamson, 507 U.S. 619, 637 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993); see also Fry, 551 U.S. at 117, 121-22 , 127 S.Ct. 2321 (noting that Brecht "clearly assumed that the Kotteakos standard would apply in virtually all

United States v. Strouse

Court of Appeals for the Fifth Circuit · Apr 17, 2002

Cathey, 591 F.2d 268, 272 (5th Cir. 1979). 8 district court did not clearly err when it found that Pineda knowingly provided false information to the grand jury. … Thus, Williams establishes that the prohibition of perjury is among “the few, clear rules” that a court may enforce using its supervisory powers.

Wynn v. Harris County

Court of Appeals for the Fifth Circuit · Aug 15, 2024

We therefore do not consider whether Lau would have been eligible to assert qualified immunity or entitled to it. We also pretermit Lau’s non- jurisdictional, statute of limitations defense. See Bradley v. … To establish liability for the County, plaintiffs were required to show “(1) an official policy (or custom), of which (2) a policy maker can be charged with actual or constructive knowledge, and (3) a constitutional violation

United States v. Thomas

12 F.3d 1350 · Court of Appeals for the Fifth Circuit · Feb 25, 1994

Because this finding is not clearly erroneous, we will uphold Maxwell's sentence. … We review this finding using the clearly erroneous standard. United States v.

Phillips Petroleum Co. v. Johnson

155 F.2d 185 · Court of Appeals for the Fifth Circuit · Feb 1, 1946

It does not clearly appear at what date Johnson learned that the gas was not casinghead gas, but natural gas. … If the expense cannot be accurately shown, of course, customary charges for such service or even opinion evidence from witnesses, qualified to testify about it, may be resorted to.

Pedro L. Gochicoa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

118 F.3d 440 · Court of Appeals for the Fifth Circuit · Sep 3, 1997

Where the state court does not clearly and expressly rely on procedural default to dispose of the case, we may address the merits of the petition. Coleman v. … However, the special provisions of chapter 154 did not apply to Drinkard’s petition because Texas does not yet qualify for expedited procedures under 28 U.S.C. § 2261 (b). See Mata, 99 F.3d at 1266-67 .

Nero v. Industrial Molding

Court of Appeals for the Fifth Circuit · Mar 2, 1999

The supervisory personnel cite company documents establishing that the decision to terminate Nero occurred four days before the heart attack. … An employee’s right to return to the same position after a qualified absence falls under this category. See Bocalbos, 162 F.2d at 383.

prod.liab.rep.(cch)p 10,796 Mary Ayo, Widow of Murphy Ayo v. Johns-Manville Sales Corporation

771 F.2d 902 · Court of Appeals for the Fifth Circuit · Sep 23, 1985

When an action appears to have prescribed on the face of the petition, the plaintiff bears the burden of establishing *909 facts which would interrupt or suspend prescription. Yarbrough v. … Now, let me qualify that.

State of Texas v. EPA

Court of Appeals for the Fifth Circuit · Jan 11, 2024

Circuit. 42 U.S.C. § 7607(b)(1) (establishing venue rules for petitions for review of EPA orders). … it is changing position’ and ‘show that there are good reasons for the new policy.’”); Wages & White Lion, No. 21-60766, slip op. at *40 (even though agency “guidance documents had all manner of disclaim- ers, qualifiers

Cochran v. SEC

20 F.4th 194 · Court of Appeals for the Fifth Circuit · Dec 13, 2021

Jones, 515 U.S. 304 (1995) (qualified immunity); Fed. R. App. P. 8 (stay motions); Fed. R. Civ. P. 23(f) (class certification); 28 U.S.C. § 1292 (interlocutory decisions); id. § 1651(a) (mandamus). … The dissent offers no reason to think that we’ll be less able to weed out abusive SEC petitioners using Thunder Basin and Nken than we’re able to weed out, say, abusive qualified- immunity appellants under Johnson

Lowman v. Falsetti

335 F.2d 632 · Court of Appeals for the Fifth Circuit · Aug 14, 1964

The Federal District Court dismissed the complaint for lack of jurisdiction, and this Court affirmed in 108 F.2d 758, 759 (1940) stating: “The purpose of the suit is clearly to seek a review of the decisions of the Texas … Falsetti shall have qualified according to law, the Clerk of this Court shall issue letters in accordance with this judgment and the-law, and that all other applications of' other persons for the issuance of letters testamentary

Startran, Inc. v. Occupational Safety And Health Review Commission

290 F. App'x 656 · Court of Appeals for the Fifth Circuit · Aug 11, 2008

Under this section of its opinion, the Commission also indicated that had StarTran included its bylaws, it may have been able to establish that it qualifies as a political subdivision because it is controlled by public officials … The evidence is simply not enough to establish conclusively that StarTran either is or is not a political subdivision for OSH Act purposes.

United States v. Shannon

Court of Appeals for the Fifth Circuit · Apr 22, 1994

The Government argues that Shannon has failed to establish his standing to challenge the search. … Considering the record as a whole, we find that the district court's findings were not clearly erroneous.

Muniz v. Childers

Court of Appeals for the Fifth Circuit · Mar 25, 2004

We also find that prisoners had a clearly established right of access to the courts and to file grievances before Childers’ alleged conduct, and thus that at least at this stage of the litigation, Childers is not entitled … to qualified immunity.

Cobb v. Roshto

Court of Appeals for the Fifth Circuit · Mar 27, 2002

immunity. … The Chief had at least arguable probable cause for his actions, precluding a finding that his actions were objectively unreasonable in light of clearly established constitutional law. Anderson v.

State of Texas v. Trump

127 F.4th 606 · Court of Appeals for the Fifth Circuit · Feb 4, 2025

The district court also found that the EO could not be reviewed under the APA because it is “presidential action immune from APA review.” Id. at 870. … “Properly applied, it typically establishes that only one of the possible meanings [of] a word or phrase . . . would cause [a] provision to clash with another portion of the statute.” Scalia & Garner, supra, at 168.

Brownlow v. Miers

28 F.2d 653 · Court of Appeals for the Fifth Circuit · Nov 5, 1928

In the concluding portion of section 16 of the act of 1917 (8 TJSCA § 152) it is provided: “Every alien who may not appear to the examining immigrant inspector at the port of arrival to. be clearly and beyond a doubt entitled … the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all' officers, clerks, and employees appointed thereunder; he shall establish

United States v. Jorges Valdes

403 F. App'x 885 · Court of Appeals for the Fifth Circuit · Dec 8, 2010

him for ACCA status, his prior conviction for burglary, does not qualify as a conviction for generic burglary and therefore cannot be used to enhance his sentence. … Valdes’s confession to “each and every” allegation in the indictment is sufficient to establish that he was convicted of generic burglary.