Archive for the '11th COA' Category
In Johnson v. Upton, No. 09-16090, a capital habeas matter, the court affirmed the denial of petitioner’s habeas petition, holding that 1) it was not objectively unreasonable for an attorney to assume that if there were some powerful reason for his client’s escape from pretrial detention other than the usual reason for escapes (not wanting [...]
September 2nd, 2010 | Posted in 11th COA | No Comments
Advanced Body Care Solutions, LLC v. Thione Int’l., Inc., No. 09-13151, involved an action arising out of a contract that required a company to make minimum purchases of products in exchange for an exclusive license to market and distribute them. The court affirmed judgment for defendant on the grounds that 1) the district court properly [...]
September 2nd, 2010 | Posted in 11th COA | No Comments
Bankston v. Then, No. 10-10750, concerned a petition for review of a fine imposed on a firearms dealer by the Bureau of Alcohol, Tobacco & Firearms. The court affirmed the denial of the petition on the ground that the accuracy of the information at the time of a background check was irrelevant for purposes of 18 [...]
September 2nd, 2010 | Posted in 11th COA | No Comments
Bankston v. Then, No. 10-10750, concerned a petition for review of a fine imposed on a firearms dealer by the Bureau of Alcohol, Tobacco & Firearms. The court affirmed the denial of the petition on the ground that the accuracy of the information at the time of a background check was irrelevant for purposes of 18 [...]
September 1st, 2010 | Posted in 11th COA | No Comments
Advanced Body Care Solutions, LLC v. Thione Int’l., Inc., No. 09-13151, involved an action arising out of a contract that required a company to make minimum purchases of products in exchange for an exclusive license to market and distribute them. The court affirmed judgment for defendant on the grounds that 1) the district court properly [...]
September 1st, 2010 | Posted in 11th COA | No Comments
In Johnson v. Upton, No. 09-16090, a capital habeas matter, the court affirmed the denial of petitioner’s habeas petition, holding that 1) it was not objectively unreasonable for an attorney to assume that if there were some powerful reason for his client’s escape from pretrial detention other than the usual reason for escapes (not wanting [...]
September 1st, 2010 | Posted in 11th COA | No Comments
In re: Celotex Corp., No. 09-12000, involved adversary proceedings in bankruptcy court concerning creditors’ property damage claims against debtor. The court affirmed the dismissal of the action on the ground that the express provisions of the bankruptcy plan documents and the fundamental purpose of the trust did not establish that creditors were entitled to judgment-rate [...]
August 29th, 2010 | Posted in 11th COA | No Comments
Ocmulgee Fields, Inc. v. Comm’r of Int’l. Rev., No. 09-13395, involved a petition for review of the tax court’s determination that the taxpayer’s like-kind exchange that interposed an intermediary between itself and a related party was not entitled to nonrecognition treatment. The court affirmed on the ground that the record adequately supported the tax court’s [...]
August 29th, 2010 | Posted in 11th COA | No Comments
In US v. Newman, No. 09-14557, the court reversed defendant’s sentence for violating the International Parental Kidnapping Crime Act, the district court clearly erred in finding that the offense was “otherwise extensive in scope, planning, or preparation” and thus enhancing the sentence.
As the court wrote: “Clifford Allen Newman appeals his 33-month sentence imposed after pleading [...]
August 29th, 2010 | Posted in 11th COA | No Comments
Ocmulgee Fields, Inc. v. Comm’r of Int’l. Rev., No. 09-13395, involved a petition for review of the tax court’s determination that the taxpayer’s like-kind exchange that interposed an intermediary between itself and a related party was not entitled to nonrecognition treatment. The court affirmed on the ground that the record adequately supported the tax court’s [...]
August 29th, 2010 | Posted in 11th COA | No Comments