United States Fifth Circuit - November 2001 Opinion Summaries

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Description Date Docket #

TEXACO INC. v. DUHE

United States Fifth Circuit
Oil and Gas Law
Section 105 of the Natural Gas Policy Act 15 USC 3301 et. seq., restrictions on natural gas prices, applies to contracts in effect before the act's...
11/29/2001 00-30459

US v. MARTINEZ

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Under the Assimilative Crimes Act, 18 USC 13, which allows for federal prosecution of state law crimes on federal property, sentencing a defendant...
11/28/2001 00-50436

CENT. PINES LAND CO v. US

United States Fifth Circuit
Property Law & Real Estate
Louisiana Act 315 of 1940, which governs the prescription of mineral servitudes when the surface property is owned by the United States, cannot be...
11/28/2001 00-31024

NORFOLK SHIPBUILDING & DRYDOCK CORP. v. SEABULK TRANSMARINE P'SHIP, LTD.

United States Fifth Circuit
Insurance Law
Builder's risk policy that insured both parties of a ship construction contract does not cover a legal dispute between the assureds under the general...
11/27/2001 00-31286

US v. COOPER

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Sentence enhancement based on possession of a firearm under USSG 2D1.1(b)(1) does not apply without drugs being found with the weapon or evidence...
11/27/2001 00-30208

PUBLIC CITIZEN, INC. v. BOMER

United States Fifth Circuit
Constitutional Law
Parties that do not allege any corruption in any particular case do not have standing to challenge Texas Code of Judicial Conduct Canon 4D(1), which...
11/27/2001 00-51009

US v. ORTLIEB

United States Fifth Circuit
Criminal Law & Procedure
Under 18 USC 401(1), the element of intent requires proof beyond a reasonable doubt that the accused attorney engaged in conduct that he knew would...
11/27/2001 00-30895

WILDER v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Argument to state appellate court based on state evidence law arguments and general federal due process arguments does not exhaust a habeas claim...
11/27/2001 01-40296

BRISENO v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Appellate counsel did not render ineffective assistance by failing to appeal trial court's denial of blood expert to defendant who could have...
11/27/2001 99-41246

HAYNES v. CAIN

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Defense counsel may not concede guilt to lower degree of murder in murder case without client's consent.
11/27/2001 00-31012