United States Fifth Circuit - May 2004 Opinion Summaries

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Description Date Docket #

PROPULSION TECHS. v. ATWOOD CORP.

United States Fifth Circuit
Contracts
(Industry: Manufacturing)

An agreement to manufacture boat parts is unenforceable under the Statute of Frauds as a transaction in goods with no ascertainable quantity term,...
05/26/2004 03-40652

MEDELLIN v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Petitioner's certificate of appealability from a denial of a petition for writ of habeas corpus is denied.
05/24/2004 03-20687

VULCAN MATERIALS CO. v. CITY OF TEHUACANA

United States Fifth Circuit
Property Law & Real Estate, Property Law & Real Estate
Summary judgment was improperly granted to defendant in this takings-claim challenge to an ordinance that forbids quarrying; remanded for a...
05/21/2004 02-51182

KIMBELL v. US

United States Fifth Circuit
Tax Law
In this estate tax case, district court erred in finding as a matter of law that 1) family members cannot enter into a bona fide transaction, and 2) a...
05/20/2004 03-10529

NEWTON v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Death row inmate's Application for a Certificate of Appealability is denied. Failure to grant a continuance to substitute retained counsel did not...
05/20/2004 03-20925

MEDELLIN v. DRETKE

United States Fifth Circuit

Criminal Law & Procedure, Habeas Corpus
05/20/2004 03-20687

SOFFAR v. DRETKE

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus, Sentencing
Death row inmate's conviction and sentence are constitutionally infirm by virtue of defense counsel's ineffectiveness. (Revised opinion)
05/19/2004 98-20385

IN THE MATTER OF CUEVA

United States Fifth Circuit
Bankruptcy Law
The foreclosure sale of property subject to an automatic stay was invalid; the putative purchaser was not entitled to possession or ownership of the...
05/19/2004 03-20608

US v. BELL

United States Fifth Circuit

Criminal Law & Procedure, Sentencing
05/19/2004 03-20194

ENRIQUEZ-ALVARADO v. ASHCROFT

United States Fifth Circuit
Immigration Law
The court lacks jurisdiction to review an IJ's discretionary decision not to invoke its sua sponte authority to reopen deportation proceedings.
05/19/2004 03-60294