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  • Commentaries
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5th Circuit Case Commentaries

Creel v. Johnson: Non-Capital Classification for Lesser-Included Offense Instruction

Creel v. Johnson: Non-Capital Classification for Lesser-Included Offense Instruction

Date: Dec 24, 1998
Creel v. Johnson: Non-Capital Classification for Lesser-Included Offense Instruction Introduction Creel v. Johnson is a significant appellate decision by the United States Court of Appeals for the...
Exhaustion of State Remedies and Ineffective Assistance of Counsel: Analysis of Jones v. Jones

Exhaustion of State Remedies and Ineffective Assistance of Counsel: Analysis of Jones v. Jones

Date: Dec 17, 1998
Exhaustion of State Remedies and Ineffective Assistance of Counsel: Analysis of Jones v. Jones Introduction Jones v. Jones, 163 F.3d 285 (5th Cir. 1998), addresses critical issues surrounding the...
Sonnié v. Johnson: Setting Precedent on AEDPA Statutory Limitations and COA Standards

Sonnié v. Johnson: Setting Precedent on AEDPA Statutory Limitations and COA Standards

Date: Dec 17, 1998
Sonnié v. Johnson: Setting Precedent on AEDPA Statutory Limitations and COA Standards Introduction Sonnié v. Johnson is a pivotal case adjudicated by the United States Court of Appeals for the Fifth...
United States v. Mario Ruiz Massieu: Affirmation of Forfeiture and Clarifications on Standing and Probable Cause

United States v. Mario Ruiz Massieu: Affirmation of Forfeiture and Clarifications on Standing and Probable Cause

Date: Dec 16, 1998
United States v. Mario Ruiz Massieu: Affirmation of Forfeiture and Clarifications on Standing and Probable Cause Introduction In the landmark case of United States of America v. Mario Ruiz Massieu,...
Concurrent Supervised Release Terms Under 18 U.S.C. § 3624(e): Analysis of United States v. Hernandez-Guevara

Concurrent Supervised Release Terms Under 18 U.S.C. § 3624(e): Analysis of United States v. Hernandez-Guevara

Date: Dec 12, 1998
Concurrent Supervised Release Terms Under 18 U.S.C. § 3624(e): Analysis of United States v. Hernandez-Guevara Introduction United States v. Hernandez-Guevara, 162 F.3d 863 (5th Cir. 1998), addresses...
Exclusion of Co-Defendant's Confession and Its Implications: Little v. Johnson (1998)

Exclusion of Co-Defendant's Confession and Its Implications: Little v. Johnson (1998)

Date: Dec 11, 1998
Exclusion of Co-Defendant's Confession and Its Implications: Little v. Johnson (1998) Introduction Little v. Johnson, 162 F.3d 855 (5th Cir. 1998), is a significant appellate decision that delves...
EPA's Authority to Set Zero Discharge Standards Upheld in Coastal Oil and Gas Effluent Guidelines

EPA's Authority to Set Zero Discharge Standards Upheld in Coastal Oil and Gas Effluent Guidelines

Date: Dec 11, 1998
EPA's Authority to Set Zero Discharge Standards Upheld in Coastal Oil and Gas Effluent Guidelines Introduction In the landmark case Texas Oil Gas Association et al. v. United States Environmental...
Material Breach in Transactional Immunity Agreements: The Castaneda Decision

Material Breach in Transactional Immunity Agreements: The Castaneda Decision

Date: Dec 10, 1998
Material Breach in Transactional Immunity Agreements: The Castaneda Decision Introduction The case of United States of America v. Raymond Castaneda, adjudicated by the United States Court of Appeals...
Clarifying State Actor Requirements under 42 U.S.C. § 1983: Analysis of Taylor v. Charter Medical Corporation

Clarifying State Actor Requirements under 42 U.S.C. § 1983: Analysis of Taylor v. Charter Medical Corporation

Date: Dec 10, 1998
Clarifying State Actor Requirements under 42 U.S.C. § 1983: Analysis of Taylor v. Charter Medical Corporation Introduction The case of David Taylor v. Charter Medical Corporation and Charter Provo...
Independent Contractor Determination for Delivery Drivers Affirmed under FLSA: Express 60-Minutes Delivery Service v. Secretary of Labor

Independent Contractor Determination for Delivery Drivers Affirmed under FLSA: Express 60-Minutes Delivery Service v. Secretary of Labor

Date: Dec 5, 1998
Independent Contractor Determination for Delivery Drivers Affirmed under FLSA Introduction In the landmark case of Express 60-Minutes Delivery Service, Inc. v. Secretary of Labor, the United States...
Affirmation of Summary Judgment in ADA Claims: Robertson v. Neuomedical Center

Affirmation of Summary Judgment in ADA Claims: Robertson v. Neuomedical Center

Date: Dec 4, 1998
Affirmation of Summary Judgment in ADA Claims: Robertson v. Neuomedical Center Introduction Robertson v. Neuomedical Center, 161 F.3d 292 (5th Cir. 1998), is a pivotal case that addresses the...
Affirmation of Conviction and Death Sentence in United States v. Webster: Comprehensive Analysis of Jury Instructions, Aggravating Factors, and Appellate Review Standards

Affirmation of Conviction and Death Sentence in United States v. Webster: Comprehensive Analysis of Jury Instructions, Aggravating Factors, and Appellate Review Standards

Date: Dec 4, 1998
Affirmation of Conviction and Death Sentence in United States v. Webster: Comprehensive Analysis of Jury Instructions, Aggravating Factors, and Appellate Review Standards Introduction United States...
Ysleta Independent School District v. Butler & Gracia: Affirmation of No Hostile Work Environment under Title VII

Ysleta Independent School District v. Butler & Gracia: Affirmation of No Hostile Work Environment under Title VII

Date: Dec 4, 1998
Ysleta Independent School District v. Butler & Gracia: Affirmation of No Hostile Work Environment under Title VII Introduction The case of Rose Butler and Erma Gracia versus the Ysleta Independent...
Clarifying "Imminent Danger" Under the Prison Litigation Reform Act: Insights from Choyce v. Dominguez

Clarifying "Imminent Danger" Under the Prison Litigation Reform Act: Insights from Choyce v. Dominguez

Date: Dec 4, 1998
Clarifying "Imminent Danger" Under the Prison Litigation Reform Act: Insights from Choyce v. Dominguez Introduction Choyce v. Dominguez, 160 F.3d 1068 (5th Cir. 1998), is a pivotal case that...
Limitation on Federal Habeas Relief and Counsel Appointment for Death-Row Inmates: Cantu-Tzin v. Johnson

Limitation on Federal Habeas Relief and Counsel Appointment for Death-Row Inmates: Cantu-Tzin v. Johnson

Date: Dec 3, 1998
Limitation on Federal Habeas Relief and Counsel Appointment for Death-Row Inmates: Cantu-Tzin v. Johnson Introduction Case: Andrew Flores Cantu-Tzin v. Gary Johnson, Director Texas Department of...
Issue Preclusion and Successor Liability in Employment Discrimination: Insights from York v. Prive Corp.

Issue Preclusion and Successor Liability in Employment Discrimination: Insights from York v. Prive Corp.

Date: Nov 25, 1998
Issue Preclusion and Successor Liability in Employment Discrimination: Insights from York v. Prive Corp. Introduction In Linda Ann York v. Prive Corporation et al., the United States Court of Appeals...
Affirmation of Conspiracy Convictions in Mann v. United States: A Landmark in Banking Fraud Enforcement

Affirmation of Conspiracy Convictions in Mann v. United States: A Landmark in Banking Fraud Enforcement

Date: Nov 24, 1998
Affirmation of Conspiracy Convictions in Mann v. United States: A Landmark in Banking Fraud Enforcement Introduction In the pivotal case of UNITED STATES OF AMERICA v. JAMES SCOTT MANN; WILLIAM M....
Qualified Immunity and Unreasonable Detention under the Fourth Amendment: Heitschmidt v. City of Houston

Qualified Immunity and Unreasonable Detention under the Fourth Amendment: Heitschmidt v. City of Houston

Date: Nov 24, 1998
Qualified Immunity and Unreasonable Detention under the Fourth Amendment: Heitschmidt v. City of Houston Introduction Heitschmidt v. City of Houston, 161 F.3d 834 (5th Cir. 1998), is a pivotal case...
Reaffirming Sixth Amendment Protections in Drug Smuggling Cases: Analysis of United States v. Medina et al.

Reaffirming Sixth Amendment Protections in Drug Smuggling Cases: Analysis of United States v. Medina et al.

Date: Nov 24, 1998
Reaffirming Sixth Amendment Protections in Drug Smuggling Cases: Analysis of United States of America v. Medina et al. Introduction United States of America v. Marina Medina, Marco Antonio Martinez,...
At-Will Employment Recognized as Contractual Under 42 U.S.C. §1981 in Fadeyi v. Planned Parenthood

At-Will Employment Recognized as Contractual Under 42 U.S.C. §1981 in Fadeyi v. Planned Parenthood

Date: Nov 12, 1998
At-Will Employment Recognized as Contractual Under 42 U.S.C. §1981 in Fadeyi v. Planned Parenthood Introduction Fadeyi v. Planned Parenthood Association of Lubbock, Inc., 160 F.3d 1048 (5th Cir....
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