United States Fifth Circuit - December 2000 Opinion Summaries

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Description Date Docket #

US v. GARRETT

United States Fifth Circuit
Criminal Law & Procedure
District court abused its discretion by imposing sanction of excluding the government's witnesses from trial for discovery violations that the court...
12/29/2000 99-10531

GOCHICOA v. JOHNSON

United States Fifth Circuit
Criminal Law & Procedure
District court erred in granting habeas relief for alleged Sixth Amendment claims based upon a constructive-denial test, rather than the...
12/29/2000 99-50596

WADSWORTH v. JOHNSON

United States Fifth Circuit
Criminal Law & Procedure
District Court lacked jurisdiction to hear prisoner's application for habeas relief under 28 USC 2241(d) where neither the place of the initial state...
12/28/2000 00-20296

DOYLE v. JOHNSON

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure, Tax Law
Defendant's state conviction for possession of methamphetamine with intent to deliver, and subsequent tax violation under Section 159.101 of Texas Tax...
12/27/2000 99-40487

SIMI INVESTMENT CO., INC. v. HARRIS COUNTY, TEXAS

United States Fifth Circuit
Constitutional Law, Property Law & Real Estate
County's use of an illegitimate plan that financially benefitted well-connected developers, along with the failure to put forth any rational basis for...
12/22/2000 99-20686

RIDEAU v. WHITLEY

United States Fifth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure
Token inclusion of a single African-American on the grand jury panel does not rectify the overwhelming statistical evidence of underrepresentation...
12/22/2000 99-30849

US v. GUZMAN-OCAMPO

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law
An illegal alien's presence in the United States after being deported is circumstantial evidence of a violation of 8 USC 1326 which the defendant is...
12/22/2000 99-20968

AT&T COMMUNICATIONS OF THE SOUTHWEST, INC. v. CITY OF AUSTIN

United States Fifth Circuit
Communications Law
Where a municipality is estopped from collecting past due fees on an unlawful ordinance because it repeatedly waived its right to them, and repealed...
12/21/2000 98-50672

HOPWOOD v. STATE OF TEXAS

United States Fifth Circuit
Civil Rights, Education Law
District court did not abuse its discretion in reducing attorneys' fees to those comparable with local rates because local counsel had "provided...
12/21/2000 98-50506

BADON v. R J R NABISCO INC

United States Fifth Circuit
Civil Procedure, Injury & Tort Law
Where Louisiana law is unclear, there is arguably a reasonable basis for believing that a smoker who became addicted to cigarettes, prior to knowing...
12/21/2000 98-30942