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United States Fifth Circuit - August 2001 Opinion Summaries

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Description Date Docket #

US v. WELLS

United States Fifth Circuit
Criminal Law & Procedure, Evidence
Even if a weekly ledger of drug sales, destroyed at the end of each week, is a business record for purposes of the hearsay exception, oral testimony...
08/16/2001 00-10134; 00-10266

STYRON v. JOHNSON

United States Fifth Circuit
Constitutional Law, Criminal Law & Procedure, Habeas Corpus
Murder of a child under six is a sufficiently narrow statutory aggravating factor for consideration of the death penalty, so capital punishment on the...
08/15/2001 99-40539

US v. LOE

United States Fifth Circuit
Criminal Law & Procedure
Direct evidence is not necessary for conviction under 18 USC 371 for conspiracy to defraud the government.
08/15/2001 99-41372; 99-41506

US v. LANDEROS-GONZALES

United States Fifth Circuit
Immigration Law
Criminal mischief, in the form of graffiti violating Tex. Penal Code 28.03(a)(3), is not a crime of violence and therefore is not an "aggravated...
08/14/2001 01-10066

AVIALL SERVICES INC. v. COOPER INDUS. INC.

United States Fifth Circuit
Environmental Law
A plaintiff cannot claim contribution based on the Comprehensive Environmental Response, Compensation and Liability Act, 42 USC 9613(f)(1), unless...
08/14/2001 00-10197

BURDINE v. JOHNSON

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Defendant's counsel repeated sleeping throughout the guilt-innocence phase of his capital murder trial compels a presumption that his unconsciousness...
08/13/2001 99-21034

RICHARDSON v. SPURLOCK

United States Fifth Circuit
Civil Rights, Constitutional Law
A prisoner's intermittent exposure to second-hand smoke is insufficient to objectively show exposure to unreasonably high levels of environmental...
08/13/2001 00-30810

US v. CHUNG

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Where defendant voluntarily signed a plea agreement with the government and then refused to plead guilty and continued to conceal assets until his...
08/10/2001 00-41223

US v. SINGH

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law
District court's denial of defendant's motion to sever a felon in possession charge under 18 USC 922(g)(1) from charges of harboring aliens for...
08/10/2001 00-40946

US v. GONZALEZ

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
An appellate court may correct a sentence that violates Apprendi even if the defendant knowingly and voluntarily waived his right to appeal.
08/09/2001 00-50406
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