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  • Commentaries
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5th Circuit Case Commentaries

Absolute Immunity in Pretrial Hearings: Moore v. McDonald

Absolute Immunity in Pretrial Hearings: Moore v. McDonald

Date: Sep 2, 1994
Absolute Immunity in Pretrial Hearings: Moore v. McDonald Introduction Curtis Lynn Moore v. Lynn McDonald, 30 F.3d 616 (5th Cir. 1994), is a pivotal case that explores the extent of absolute immunity...
Reaffirming Federal Habeas Corpus Standards in Capital Cases: Jacobs v. Texas

Reaffirming Federal Habeas Corpus Standards in Capital Cases: Jacobs v. Texas

Date: Sep 2, 1994
Reaffirming Federal Habeas Corpus Standards in Capital Cases: Jacobs v. Texas Introduction Jesse Dewayne Jacobs was convicted and sentenced to death for the murder of Etta Urdiales in Texas....
Deliberate Indifference under the Eighth Amendment: Analysis of Reeves v. Collins

Deliberate Indifference under the Eighth Amendment: Analysis of Reeves v. Collins

Date: Aug 31, 1994
Deliberate Indifference under the Eighth Amendment: Analysis of Reeves v. Collins Introduction The case of Wayne Morris Reeves, Jr. v. James A. Collins, adjudicated by the United States Court of...
Affirmation of Absolute Immunity and Application of HECK v. HUMPHREY in Boyd v. Biggers

Affirmation of Absolute Immunity and Application of HECK v. HUMPHREY in Boyd v. Biggers

Date: Aug 27, 1994
Affirmation of Absolute Immunity and Application of HECK v. HUMPHREY in Boyd v. Biggers Introduction John Boyd v. Neal B. Biggers, Jr., et al. is a pivotal case decided by the United States Court of...
Establishing Attorney Responsibility Under Rule 11: A Comprehensive Analysis of Boyce W. Childs v. State Farm Mutual Automobile Insurance Company

Establishing Attorney Responsibility Under Rule 11: A Comprehensive Analysis of Boyce W. Childs v. State Farm Mutual Automobile Insurance Company

Date: Aug 27, 1994
Establishing Attorney Responsibility Under Rule 11: A Comprehensive Analysis of Boyce W. Childs v. State Farm Mutual Automobile Insurance Company Introduction The case of Boyce W. Childs v. State...
Qualified Immunity Reinforced in Mangieri v. Clifton and Hager

Qualified Immunity Reinforced in Mangieri v. Clifton and Hager

Date: Aug 26, 1994
Qualified Immunity Reinforced in Mangieri v. Clifton and Hager Introduction Mangieri v. Clifton and Hager is a pivotal case decided on August 25, 1994, by the United States Court of Appeals for the...
Guidelines on Midtrial Publicity and Reliability of Government Witnesses in Drug Conspiracy Cases: United States v. Bermea

Guidelines on Midtrial Publicity and Reliability of Government Witnesses in Drug Conspiracy Cases: United States v. Bermea

Date: Aug 26, 1994
Guidelines on Midtrial Publicity and Reliability of Government Witnesses in Drug Conspiracy Cases: United States v. Bermea Introduction The case of United States of America v. Baldeamar Bermea et al....
Bryant v. Scott: Reinforcing Defense Counsel's Duty to Investigate Alibi and Eyewitnesses

Bryant v. Scott: Reinforcing Defense Counsel's Duty to Investigate Alibi and Eyewitnesses

Date: Aug 19, 1994
Bryant v. Scott: Reinforcing Defense Counsel's Duty to Investigate Alibi and Eyewitnesses Introduction R.L. Bryant v. Wayne Scott is a landmark decision by the United States Court of Appeals for the...
Limits of Special Relationship Doctrine in §1983 Claims: Leffall v. Dallas Independent School District

Limits of Special Relationship Doctrine in §1983 Claims: Leffall v. Dallas Independent School District

Date: Aug 16, 1994
Limits of Special Relationship Doctrine in §1983 Claims: Leffall v. Dallas Independent School District Introduction In the landmark case of Marsha Leffall v. Dallas Independent School District, the...
Affirmation of Voluntary Plea: Analysis of United States v. Abreo

Affirmation of Voluntary Plea: Analysis of United States v. Abreo

Date: Aug 11, 1994
Affirmation of Voluntary Plea: Analysis of United States v. Abreo Introduction In the landmark case of United States of America v. Dario A. Abreo, decided by the United States Court of Appeals for...
Reaffirming Rule 9(b): Strict Pleading Requirements in Securities Fraud Litigation – Melder v. Morris

Reaffirming Rule 9(b): Strict Pleading Requirements in Securities Fraud Litigation – Melder v. Morris

Date: Aug 9, 1994
Reaffirming Rule 9(b): Strict Pleading Requirements in Securities Fraud Litigation – Melder v. Morris Introduction The case of Adron L. Melder, et al. v. Clifton H. Morris, Jr., et al. serves as a...
Exclusion of Defense Evidence in Bank Fraud and Obstruction of Justice: United States v. Ballis

Exclusion of Defense Evidence in Bank Fraud and Obstruction of Justice: United States v. Ballis

Date: Aug 9, 1994
Exclusion of Defense Evidence in Bank Fraud and Obstruction of Justice: United States v. Ballis Introduction In the case of United States of America v. John Addison Ballis (28 F.3d 1399), the United...
Affirming Summary Judgment in Leatherman v. Tarrant County: Standards for Probable Cause and Summary Judgment Procedures

Affirming Summary Judgment in Leatherman v. Tarrant County: Standards for Probable Cause and Summary Judgment Procedures

Date: Aug 6, 1994
Affirming Summary Judgment in Leatherman v. Tarrant County: Standards for Probable Cause and Summary Judgment Procedures Introduction In the landmark case of LEATHERMAN v. TARRANT COUNTY NARCOTICS...
Reinforcement of Absolute Immunity for State Officials and Stringent Standards for §1981 Claims in the Fifth Circuit

Reinforcement of Absolute Immunity for State Officials and Stringent Standards for §1981 Claims in the Fifth Circuit

Date: Aug 5, 1994
Reinforcement of Absolute Immunity for State Officials and Stringent Standards for §1981 Claims in the Fifth Circuit Introduction The case of Bennie Green, d/b/a Eagle Consulting Firm v. State Bar of...
United States v. Nguyen: Clarifying Multiplicity and Sentencing Under 18 U.S.C §§ 844(h)(1) and (i)

United States v. Nguyen: Clarifying Multiplicity and Sentencing Under 18 U.S.C §§ 844(h)(1) and (i)

Date: Aug 3, 1994
United States v. Nguyen: Clarifying Multiplicity and Sentencing Under 18 U.S.C §§ 844(h)(1) and (i) Introduction United States of America v. Nam Tan Nguyen, 28 F.3d 477 (5th Cir. 1994), is a...
Use of Deadly Force in Pretrial Detention: An Analysis of Brothers v. Klevenhagen

Use of Deadly Force in Pretrial Detention: An Analysis of Brothers v. Klevenhagen

Date: Aug 2, 1994
Use of Deadly Force in Pretrial Detention: An Analysis of Brothers v. Klevenhagen Introduction Brothers v. Klevenhagen is a pivotal case decided by the United States Court of Appeals for the Fifth...
Defining 'Employer' Under Title VII: Insights from Garcia v. Elf Atochem North America

Defining 'Employer' Under Title VII: Insights from Garcia v. Elf Atochem North America

Date: Jul 30, 1994
Defining 'Employer' Under Title VII: Insights from Garcia v. Elf Atochem North America Introduction Garcia v. Elf Atochem North America is a pivotal case decided by the United States Court of Appeals...
Affirmation of FSIA Immunity: Moran v. Kingdom of Saudi Arabia

Affirmation of FSIA Immunity: Moran v. Kingdom of Saudi Arabia

Date: Jul 30, 1994
Affirmation of FSIA Immunity: Moran v. Kingdom of Saudi Arabia Introduction In the landmark case of Moran v. Kingdom of Saudi Arabia, decided by the United States Court of Appeals for the Fifth...
Substantial Evidence Upholds Denial of Disability Benefits in Falco v. Shalala

Substantial Evidence Upholds Denial of Disability Benefits in Falco v. Shalala

Date: Jul 30, 1994
Substantial Evidence Upholds Denial of Disability Benefits in Falco v. Shalala Introduction Pete Falco, the plaintiff-appellant, initiated legal proceedings against Donna E. Shalala, the Secretary of...
Extended Filing Period Under Section 706(e): The Griffin v. City of Dallas Decision

Extended Filing Period Under Section 706(e): The Griffin v. City of Dallas Decision

Date: Jul 27, 1994
Extended Filing Period Under Section 706(e): The Griffin v. City of Dallas Decision Introduction Griffin v. City of Dallas, decided by the United States Court of Appeals for the Fifth Circuit on July...
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