In US v. Miller, No. 08-11186, the court of appeals affirmed dismissal of defendant’s petition for audita querela challenging a restitution order resulting from his conviction for conducting a monetary transaction with criminally-derived funds and evading income tax.
As the court wrote: “On August 1, 2003, defendant-appellant, Frederick Charles Miller (Miller), pleaded guilty to one count [...]
The Fifth Circuit decided matters concerning an award of attorney’s fees as a sanction, a suit against off-duty police officers under 42 U.S.C. section 1983, and various criminal issues.
In US v. Xu, No. 09-20074, the court of appeals vacated defendant’s conviction for trafficking in counterfeit drugs, on the ground that a rational juror could not [...]
In US v. Scroggins, No. 08-10966, a defendant appealed his conviction for possession of a firearm by a convicted felon claiming “that the government obtained evidence necessary to his conviction in violation of the Fourth Amendment and that his conviction is unconstitutional in light of the Second Amendment.”
However, the circuit court affirmed, finding that: 1) [...]
Jackson v. Cal-Western Packaging Corp., No. 09-20411, was an age discrimination action in which the district court granted summary judgment for defendant-employer.
As the court wrote: “Jackson brought suit against Cal-Western for age discrimination. His claim primarily relied on a remark Phelps allegedly made to another coworker in 2006 that Jackson was an “old, gray-haired fart” and that [...]
The Fifth Circuit decided two criminal matters and one immigration case.
Wooten v. Thaler, No. 07-70044 was a capital habeas matter involving late-arriving DNA evidence used by the state to strengthen its case. The court of appeals affirmed the denial of the petition, holding that 1) when the actual physical evidence is in full view, there [...]
D&J Tire Inc. v. Hercules Tire & Rubber Co., No. 09-30275, was an action by a minority shareholder for breach of fiduciary duty arising out of defendant-executive’s failure to disclose that defendant corporation was in talks to be acquired when the executive served as a mandatary on plaintiff’s behalf to redeem his shares. The district court [...]
The Fifth Circuit decided one case involving copyright infringement and another concerning Mississippi’s constitutional provision concerning voting by felons.
Maverick Recording Co. v. Harper, No. 08-51194, was a copyright infringement action based on unlawful file sharing. The court of appeals affirmed partial summary judgment for plaintiff, holding that 1) the uncontroverted evidence was more than sufficient [...]
Today, the Fifth Circuit decided one case concerning a public school teacher’s First Amendment rights, and another involving a drug conviction.
In Fairchild v. Liberty Indep. Sch. Dist., No. 08-40833, plaintiff claimed that defendants violated her First Amendment rights after firing her from a public school teacher position because they did not allow her at a school [...]
The case of Versai Mgmt. Corp. v. Clarendon Am. Ins. Co., No. 08-30874 was an action against an insurer brought after a number of apartment buildings managed by plaintiff sustained damage during Hurricane Katrina in 2005. The case involved contract claims for unpaid insurance proceeds as well as claims that defendants violated Louisiana law [...]
In US v. Long, No. 09-10003, defendant was convicted after trial for willfully failing to file tax returns. Defendant appealed on grounds that he was denied the right to represent himself and that the trial court erred in denying his pro se motion to dismiss based on the Speedy Trial Act.
Regarding the primary issue of [...]