5th Circuit Case Commentaries

Eighth Amendment Proportionality and Double Enhancement: Analysis of Smallwood v. Scott

Date: Jan 26, 1996

Eighth Amendment Proportionality and Double Enhancement: Analysis of Smallwood v. Scott Introduction Simon Smallwood v. Wayne Scott, Director, Texas Department of Criminal Justice, Institutional...

Affirmation of Due Process in Deadly Weapon Findings: Ables v. Scott

Date: Jan 26, 1996

Affirmation of Due Process in Deadly Weapon Findings: Ables v. Scott Introduction The case of Jerry Wayne Ables v. Wayne Scott addresses critical questions surrounding due process in the context of...

Reversal of Conviction Due to Unjustified Empanelment of Anonymous Jury: United States v. Sanchez

Date: Jan 24, 1996

Reversal of Conviction Due to Unjustified Empanelment of Anonymous Jury: United States v. Sanchez Introduction In the case of United States of America v. Belarmino Sanchez, decided by the United...

Sufficiency of Indictments and the Constitutionality of Roving Wiretaps in Drug Conspiracy Cases: An Analysis of United States v. Gaytan et al. (5th Cir. 1996)

Date: Jan 24, 1996

Sufficiency of Indictments and the Constitutionality of Roving Wiretaps in Drug Conspiracy Cases: An Analysis of United States v. Gaytan et al. (5th Cir. 1996) Introduction The case of United States...

Establishing Guilty Knowledge in Drug Importation: Insights from United States v. Lopez

Date: Jan 24, 1996

Establishing Guilty Knowledge in Drug Importation: Insights from United States v. Lopez Introduction United States of America v. Antonio Lopez, 74 F.3d 575 (5th Cir. 1996), serves as a pivotal case...

Sufficiency of Evidence in ADA Disability Discrimination Claims: Daigle v. Liberty Life Insurance

Date: Jan 20, 1996

Sufficiency of Evidence in ADA Disability Discrimination Claims: Daigle v. Liberty Life Insurance Introduction In Daigle v. Liberty Life Insurance Company, the United States Court of Appeals for the...

Affirmation of Successive Removals Based on Updated Factual Foundations in Diversity Jurisdiction

Date: Jan 18, 1996

Affirmation of Successive Removals Based on Updated Factual Foundations in Diversity Jurisdiction Introduction The case of S.W.S. Erectors, Inc. d/b/a Southwest Signs v. Infax, Inc. revolves around...

Lockdown Procedures and Inmate Rights: Insights from EASON v. THALER

Date: Jan 18, 1996

Lockdown Procedures and Inmate Rights: Insights from EASON v. THALER Introduction EASON v. THALER is a pivotal case adjudicated by the United States Court of Appeals for the Fifth Circuit on January...

Reevaluating Country-Wide Persecution in Asylum Claims: Abdel-Masieh v. INS

Date: Jan 16, 1996

Reevaluating Country-Wide Persecution in Asylum Claims: Abdel-Masieh v. INS Introduction The case of Mamdouh L. Abdel-Masieh v. United States Immigration and Naturalization Service (INS) addresses...

Sierra Club v. Cedar Point Oil Company Inc.: Affirmation of Environmental Enforcement Under the Clean Water Act

Date: Jan 12, 1996

Sierra Club v. Cedar Point Oil Company Inc.: Affirmation of Environmental Enforcement Under the Clean Water Act Introduction The case of Sierra Club, Lone Star Chapter v. Cedar Point Oil Company Inc....

Ensuring Evidentiary Reliability and Upholding Confrontation Rights in Revocation Hearings: Analysis of United States v. Grandlund

Date: Jan 11, 1996

Ensuring Evidentiary Reliability and Upholding Confrontation Rights in Revocation Hearings: Analysis of United States v. Grandlund Introduction In United States of America v. Frank Grandlund, 71 F.3d...

Horton v. Cockrell: Court Reaffirms Standards for Dismissing In Forma Pauperis Civil Rights Cases Under 28 U.S.C. § 1915(d)

Date: Jan 11, 1996

Horton v. Cockrell: Court Reaffirms Standards for Dismissing In Forma Pauperis Civil Rights Cases Under 28 U.S.C. § 1915(d) Introduction The case of Billy Wayne Horton v. Janie Cockrell, adjudicated...

United States v. Fields et al.: Upholding Batson Challenges and Double Jeopardy Protections in Drug Conspiracy Cases

Date: Jan 10, 1996

United States v. Fields et al.: Upholding Batson Challenges and Double Jeopardy Protections in Drug Conspiracy Cases Introduction The case of United States of America v. Ray Charles Fields et al. (72...

Limitations on Appointment of Expert Witnesses for In Forma Pauperis §1983 Litigants: Pedraza v. Jones et al.

Date: Dec 28, 1995

Limitations on Appointment of Expert Witnesses for In Forma Pauperis §1983 Litigants: Pedraza v. Jones et al. Introduction The case of Leopold Lee Pedraza v. Richard L. Jones, Kenneth Rosenquest, and...

Cooper v. Brookshire: Establishing the Mailbox Rule for Pro Se Prisoner Complaints

Date: Dec 20, 1995

Cooper v. Brookshire: Establishing the Mailbox Rule for Pro Se Prisoner Complaints Introduction In the landmark case Christopher Columbus Cooper v. O.A. Brookshire, Sheriff of Ector County, Texas, et...

Affirmation of Summary Judgment in Dollis v. Rubin: Clarifying the Scope of Retaliation under Title VII

Date: Dec 15, 1995

Affirmation of Summary Judgment in Dollis v. Rubin: Clarifying the Scope of Retaliation under Title VII Introduction In the case of Mary Dollis v. Robert E. Rubin, decided by the United States Court...

Affirmation of Proper Joinder of Firearm and Armed Robbery Counts and Admissibility of Forensic Evidence Under Fourth and Sixth Amendments: United States v. Bullock

Date: Dec 12, 1995

Affirmation of Proper Joinder of Firearm and Armed Robbery Counts and Admissibility of Forensic Evidence Under Fourth and Sixth Amendments: United States v. Bullock Introduction In the case of United...

Qualified Immunity in §1983 Claims: Key Insights from The State of Texas v. Jesse Thompson

Date: Dec 9, 1995

Qualified Immunity in §1983 Claims: Key Insights from The State of Texas v. Jesse Thompson Introduction The State of Texas v. Jesse Thompson is a pivotal case decided by the United States Court of...

Non-Dischargeability of Debts Through Fraudulent Credit Renewal: Norris v. First National Bank

Date: Dec 5, 1995

Non-Dischargeability of Debts Through Fraudulent Credit Renewal: Norris v. First National Bank Introduction The case of Robert William Norris vs. First National Bank in Luling (70 F.3d 27, 1995)...

Balancing Confidential Informant Privilege and Anti-Discrimination Protections: Insights from Castillo v. Postmaster General

Date: Nov 28, 1995

Balancing Confidential Informant Privilege and Anti-Discrimination Protections: Insights from Castillo v. Postmaster General Introduction The case of Yolanda R. Castillo v. Postmaster General Anthony...

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