United States Fifth Circuit - January 2008 Opinion Summaries

Hardemon v. Quarterman

Criminal Law & Procedure, Habeas Corpus
The prohibition against successive section 2254 petitions does not require a prisoner to challenge all judgments from a single court in a single...

US v. Hawley

Criminal Law & Procedure, Evidence, Sentencing
A conviction for being a felon in possession of a firearm is affirmed over challenges to the district court's admission of certain evidence and...

Tran v. Mukasey

Criminal Law & Procedure, Habeas Corpus, Health Law, Immigration Law
8 U.S.C. section 1231(a)(6), as construed by the Supreme Court in Zadvydas v. Davis, 533 U.S. 678 (2001), does not authorize the continued and...

Chicago Bridge & Iron Co. N.V. v. Fed. Trade Comm'n

Administrative Law, Antitrust & Trade Regulation, Commercial Law, M&A
In an antitrust case, petition for review of an FTC order to divest assets acquired from a Pennsylvania corporation used in the business of designing,...

US v. de Jesus-Ojeda

Criminal Law & Procedure, Evidence, Immigration Law, Sentencing
Defendants' sentences arising from an illegal alien smuggling scheme is affirmed where the evidence was sufficient to support the jury's findings and...

In the Matter Of: Schaffer

Bankruptcy Law, Ethics & Disciplinary Code, Ethics & Professional Responsibility
In bankruptcy proceedings arising after a civil administrative board sustained charges against debtor-practicing dentist, revoking his dental license...

Nationwide Mut. Ins. Co. v. Lake Caroline, Inc.

Construction, Contracts, Insurance Law, Property Law & Real Estate
In an insurance case primarily involving the issue of whether a policy provided coverage for a slander of title claim, a judgment finding that the...

Bocchi Ams. Assocs. Inc. v. Commerce Fresh Mktg. Inc.

Agriculture, Commercial Law, Contracts
In an action brought by a wholesale supplier of fresh fruits and vegetables arising from defendant's failure to pay for certain deliveries, a judgment...

Smith v. Quarterman

Criminal Law & Procedure, Sentencing
Denial of a petition for a writ of habeas corpus in a capital murder case is affirmed over claims of error regarding whether: 1) trial counsel...

Mallard v. Cain

Criminal Law & Procedure, Habeas Corpus, Sentencing
Dismissal of a 28 U.S.C. section 2254 petition brought by a petitioner convicted of cocaine possession and sentenced to forty years in prison as a...