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  • Commentaries
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5th Circuit Case Commentaries

Fifth Circuit Reaffirms Non-Retroactivity of First Step Act and Establishes Oral Pronouncement Protocol for Supervised Release in United States v. Gomez

Fifth Circuit Reaffirms Non-Retroactivity of First Step Act and Establishes Oral Pronouncement Protocol for Supervised Release in United States v. Gomez

Date: May 20, 2020
Fifth Circuit Reaffirms Non-Retroactivity of First Step Act and Establishes Oral Pronouncement Protocol for Supervised Release in United States v. Gomez Introduction United States v. Gilberto Gomez,...
Fifth Circuit Expands Interpretation of 'Pending' for Federal Habeas Corpus Tolling

Fifth Circuit Expands Interpretation of 'Pending' for Federal Habeas Corpus Tolling

Date: May 16, 2020
Fifth Circuit Expands Interpretation of 'Pending' for Federal Habeas Corpus Tolling Introduction In the landmark case Colby Dranoel Leonard v. Keith Deville, Warden, Winn Correctional Center, the...
Establishing Municipal Liability under 42 U.S.C. § 1983: Insights from Covington v. City of Madisonville

Establishing Municipal Liability under 42 U.S.C. § 1983: Insights from Covington v. City of Madisonville

Date: May 16, 2020
Establishing Municipal Liability under 42 U.S.C. § 1983: Insights from Covington v. City of Madisonville Introduction The case of Laura Covington v. City of Madisonville, Texas presents a significant...
Affirmation of Summary Judgment in Excessive Force Claim: Malbrough v. Rayne Police Department

Affirmation of Summary Judgment in Excessive Force Claim: Malbrough v. Rayne Police Department

Date: May 15, 2020
Affirmation of Summary Judgment in Excessive Force Claim: Malbrough v. Rayne Police Department Introduction The case of Henry Lee Malbrough, Individually and on Behalf of Anthony Campbell,...
Affirmation of Qualified Immunity in Selective Prosecution Claims: Jackson v. City of Hearne

Affirmation of Qualified Immunity in Selective Prosecution Claims: Jackson v. City of Hearne

Date: May 14, 2020
Affirmation of Qualified Immunity in Selective Prosecution Claims: Jackson v. City of Hearne Introduction In the case of Rodrick Jackson v. City of Hearne, 959 F.3d 194 (5th Cir. 2020), the United...
Fifth Circuit Upholds Strict Standards for Social Group Definition in Asylum Claims

Fifth Circuit Upholds Strict Standards for Social Group Definition in Asylum Claims

Date: May 13, 2020
Fifth Circuit Upholds Strict Standards for Social Group Definition in Asylum Claims Introduction In the case of Fidencio Munoz-Granados v. William P. Barr, U.S. Attorney General (958 F.3d 402, 5th...
Reaffirming Strict Standards for Certificate of Appealability in Ineffective Assistance of Counsel Claims: Howard v. Davis

Reaffirming Strict Standards for Certificate of Appealability in Ineffective Assistance of Counsel Claims: Howard v. Davis

Date: May 12, 2020
Reaffirming Strict Standards for Certificate of Appealability in Ineffective Assistance of Counsel Claims: Howard v. Davis Introduction In Howard v. Davis, the United States Court of Appeals for the...
Reaffirming the Knowledge of Felon Status Requirement under 18 U.S.C. § 922(g)(1): Analysis of United States v. Clinton Devone Hicks

Reaffirming the Knowledge of Felon Status Requirement under 18 U.S.C. § 922(g)(1): Analysis of United States v. Clinton Devone Hicks

Date: May 9, 2020
Reaffirming the Knowledge of Felon Status Requirement under 18 U.S.C. § 922(g)(1): Analysis of United States v. Clinton Devone Hicks Introduction The case of United States of America v. Clinton...
Statute of Limitations Impacts Federal §1983 Wrongful Arrest Claims: Bradley v. St. Landry Parish Sheriff's Department

Statute of Limitations Impacts Federal §1983 Wrongful Arrest Claims: Bradley v. St. Landry Parish Sheriff's Department

Date: May 8, 2020
Statute of Limitations Impacts Federal §1983 Wrongful Arrest Claims: Bradley v. St. Landry Parish Sheriff's Department Introduction In the landmark case of Hurle Bradley v. Sheriff's Department St....
Heck v. Aucoin: Clarifying the Boundaries of § 1983 Claims in Correctional Settings

Heck v. Aucoin: Clarifying the Boundaries of § 1983 Claims in Correctional Settings

Date: May 7, 2020
Heck v. Aucoin: Clarifying the Boundaries of § 1983 Claims in Correctional Settings Introduction The case of Layne Aucoin v. Andrew Cupil, Lieutenant; Reginald Robinson, Sergeant, adjudicated by the...
Procedural Safeguards in Summary Judgment: Fifth Circuit's Landmark Decision in Allen v. Hays et al.

Procedural Safeguards in Summary Judgment: Fifth Circuit's Landmark Decision in Allen v. Hays et al.

Date: May 6, 2020
Procedural Safeguards in Summary Judgment: Fifth Circuit's Landmark Decision in Allen v. Hays et al. Introduction In the case of John Allen, Jr.; Lawon Allen, Jr.; Estate of John Allen, Sr. v. Justin...
Williams v. Taylor Seidenbach: Enhancing Appellate Finality in Multi-Defendant Litigations via Rule 54(b)

Williams v. Taylor Seidenbach: Enhancing Appellate Finality in Multi-Defendant Litigations via Rule 54(b)

Date: May 5, 2020
Williams v. Taylor Seidenbach: Enhancing Appellate Finality in Multi-Defendant Litigations via Rule 54(b) Introduction In the landmark case Williams v. Taylor Seidenbach, Inc., adjudicated by the...
Affirmation of Qualified Immunity in §1983 Claims: The Lucky Tunes #3 LLC Case

Affirmation of Qualified Immunity in §1983 Claims: The Lucky Tunes #3 LLC Case

Date: May 2, 2020
Affirmation of Qualified Immunity in §1983 Claims: The Lucky Tunes #3 LLC Case Introduction In the case of Lucky Tunes #3, L.L.C. v. Larry R. Smith, the United States Court of Appeals for the Fifth...
Enhanced Sentencing for Civil Rights Violations by Correctional Officers: Implications for 'Color-of-Law' and Dangerous Weapon Classifications

Enhanced Sentencing for Civil Rights Violations by Correctional Officers: Implications for 'Color-of-Law' and Dangerous Weapon Classifications

Date: May 1, 2020
Enhanced Sentencing for Civil Rights Violations by Correctional Officers: Implications for 'Color-of-Law' and Dangerous Weapon Classifications Introduction In the case of United States of America v....
Affirmation of Qualified Immunity in Police Deadly Force Incident: Garcia v. Blevins

Affirmation of Qualified Immunity in Police Deadly Force Incident: Garcia v. Blevins

Date: May 1, 2020
Affirmation of Qualified Immunity in Police Deadly Force Incident: Garcia v. Blevins Introduction In the case of Sonia Garcia; Phillip Garcia v. Wesley Blevins; City of Houston, the plaintiffs, Sonia...
Affirmation of COV Qualifications in Federal Firearm Convictions Post-Johnson v. United States

Affirmation of COV Qualifications in Federal Firearm Convictions Post-Johnson v. United States

Date: May 1, 2020
Affirmation of COV Qualifications in Federal Firearm Convictions Post-Johnson v. United States Introduction The case of United States of America v. Derrick Lenard Smith, adjudicated by the United...
Rigorous Analysis Required for Class Certification under Rule 23: Insights from Heriberto Chavez et al. v. Plan Benefit Services, Inc.

Rigorous Analysis Required for Class Certification under Rule 23: Insights from Heriberto Chavez et al. v. Plan Benefit Services, Inc.

Date: Apr 30, 2020
Rigorous Analysis Required for Class Certification under Rule 23: Insights from Heriberto Chavez et al. v. Plan Benefit Services, Inc. Introduction The case of Heriberto Chavez; Evangelina Escarcega,...
Pronouncement Requirements for Discretionary Supervised Release Conditions Under 18 U.S.C. § 3583(d): United States v. Diggles

Pronouncement Requirements for Discretionary Supervised Release Conditions Under 18 U.S.C. § 3583(d): United States v. Diggles

Date: Apr 30, 2020
Pronouncement Requirements for Discretionary Supervised Release Conditions Under 18 U.S.C. § 3583(d): United States v. Diggles Introduction In the landmark case United States of America v. Rosie...
Affirmation of Maverick County's Willful FLSA Violation and Upholding of Discovery Sanctions

Affirmation of Maverick County's Willful FLSA Violation and Upholding of Discovery Sanctions

Date: Apr 30, 2020
Affirmation of Maverick County's Willful FLSA Violation and Upholding of Discovery Sanctions Introduction The case of Daniel Cruz; Armando Sanchez, Plaintiffs - Appellees v. Maverick County; Maverick...
Affirmation of Mandatory Imprisonment under 18 U.S.C. § 3583(g) in Supervised Release Violations: Insights from United States v. Badgett

Affirmation of Mandatory Imprisonment under 18 U.S.C. § 3583(g) in Supervised Release Violations: Insights from United States v. Badgett

Date: Apr 29, 2020
Affirmation of Mandatory Imprisonment under 18 U.S.C. § 3583(g) in Supervised Release Violations: Insights from United States v. Badgett Introduction The case of United States of America v. John...
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