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Topic: United States Court of Appeals for the Fifth Circuit

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	United States Court of Appeals for the Eleventh Circuit - Wikipedia, the free encyclopedia
		United States Court of Appeals for the Eleventh Circuit
		As of 2006, the judges on the court are:
		Reassigned from the United States Court of Appeals for the Fifth Circuit pursuant to 94 Stat. 1994.
	en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Eleventh_Circuit (1029 words)

	United States Court of Appeals for the Fifth Circuit - Wikipedia, the free encyclopedia
		The court is composed of seventeen active judges and is based at the John Minor Wisdom U.S. Courthouse in New Orleans, Louisiana.
		This court was created by the Evarts Act on June 16, 1891, which moved the circuit judges and appellate jurisdiction from the Circuit Courts of the Fifth Circuit to this court.
		Pardee was appointed as a circuit judge for the Fifth Circuit in 1881 by James A. Garfield.
	en.wikipedia.org /wiki/United_States_Court_of_Appeals_for_the_Fifth_Circuit (1116 words)

	Save Our Courts - Charles Pickering: Nominee for United States Court of Appeals For the Fifth Circuit
		Charles Pickering: Nominee for United States Court of Appeals For the Fifth Circuit
		The Fifth Circuit is one of the most critical courts in the United States to the future of reproductive rights for women because it reviews legislation from an area of the country that is particularly hostile to a womanâs right to choose.
		The court was also once on the cutting edge of protecting the civil rights of African-Americans at a time when state and local governments in that region were either hostile or indifferent to protecting minority rights; the Fifth Circuit lately has swung far in the opposite direction.
	saveourcourts.civilrights.org /nominees/details.cfm?id=14842 (831 words)

	Deal v. United States, 508 U.S. 129 (1993).
		The United States District Court for the Southern District of Texas sentenced petitioner to 5 years imprisonment on the first § 924(c)(1) count and to 20 years on each of the other five § 924(c)(1) counts, the terms to run consecutively.
		The United States Court of Appeals for the Fifth Circuit affirmed the convictions and sentence.
		The judgment of the Court of Appeals is affirmed.
	supct.law.cornell.edu /supct/html/91-8199.ZO.html (1857 words)

	JONES V. UNITED STATES (Site not responding. Last check: 2007-10-22)
		The United States Court of Appeals for the Fifth Circuit affirmed the sentence.
		United States, 164 U.S. We further have recognized that in a capital sentencing proceeding, the Government has “a strong interest in having the jury express the conscience of the community on the ultimate question of life or death.” Lowenfield v.
		United States, 512 U.S. Petitioner further argues that the jury was led to believe that if it could not reach a unanimous sentence recommendation he would receive a judge-imposed sentence less severe than life imprisonment, and his proposed instruction as to the consequences of deadlock was necessary to correct the jury’s erroneous impression.
	supct.law.cornell.edu /supct/html/97-9361.ZO.html (8103 words)

	[No title]
		The Fifth Circuit Court of Appeals is able in 1998 to dispose of its case load with reasonable dispatch as a result of the integration of a number of case management techniques.
		A court of appeals system divided into ten circuits of twelve judges each under a system of pure discretionary review could render decisions in a timely manner that are consistent among its litigants and more uniform among the circuits.
		Realignment of the circuits to produce courts of appeals of relatively equal size and workload is not as intrusive as some other methods of restructuring.
	www.library.unt.edu /gpo/csafca/hearings/dallas/parker.htm (2101 words)

	Mink v. AAAA. Decision of the United States Court of Appeals for the Fifth Circuit
		Appeal from the United States District Court for the Southern District of Texas
		The district court denied the motion for reconsideration.
		A federal court sitting in diversity may exercise personal jurisdiction over a nonresident defendant if (1) the long-arm statute of the forum state confers personal jurisdiction over that defendant; and (2) exercise of such jurisdiction by the forum state is consistent with due process under the United States Constitution.
	legal.web.aol.com /decisions/dlother/mink.html (1645 words)

	Lisa McPherson -- United States Court of Appeals, 5th Circuit --
		In the instant appeal ("RTC II"), RTC contends that the district court misconstrued our RTC I decision and subsequent clarification as prohibiting the imposition of sanctions against the Dandars for the conduct that the district court had previously adjudged to be sanctionable.
		We are admittedly puzzled by the district court's ruling on remand as to RTC's renewed motion for § 1927 sanctions.
		The Estate relies on state court decisions from Florida which hold generally that if attorney's fees are provided for by statute or by the parties' contract, such fees are properly awarded after a voluntary dismissal of the case.
	www.whyaretheydead.net /lisa_mcpherson/legal/5D-040510.html (4275 words)

	No. 99-774: United States v. Texas, et al. - Petition
		The United States of America, represented by the Attorney General of the United States, was an intervenor in the court of appeals and is the petitioner in this Court.
		This interlocutory appeal arises from the district court's denial of the state defendants' motion to dismiss on grounds of sovereign immunity.
		The Relator states that the fact that the claims were made to the State of Texas rather than directly to the United States government is irrelevant since such claims still fall under the territory of the Act's definition of a claim.
	www.usdoj.gov /osg/briefs/1999/2pet/7pet/99-0774.pet.aa.html (9638 words)

	FindLaw: United States Case Law: Supreme Court
		On appeal, a panel of the Fifth Circuit concluded that Garcia was binding Circuit precedent, and affirmed.
		Courts and juries have found the inference of discrimination easy to draw in most male-female sexual harassment situations, because the challenged conduct typically involves explicit or implicit proposals of sexual activity; it is reasonable to assume those proposals would not have been made to someone of the same sex.
		Because we conclude that sex discrimination consisting of same-sex sexual harassment is actionable under Title VII, the judgment of the Court of Appeals for the Fifth Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.
	www.indiana.edu /~glbtpol/oncale.html (2107 words)

	No. 99-1544: United States v. Texas Southern University - Petition (Hold)
		Thus, the district court stated that "[i]t is undisputed that the state university Defendants in this case enjoy the state's Eleventh Amendment immunity, to the extent that it applies." App., infra, 11a.
		The case was kept under seal until the United States notified the Court on June 17, 1997 of its intention to decline intervention in the case.
		Essentially, these courts have begun their analyses by rejecting the applicability of the "plain statement rule": the rule that "unless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance." United States ex rel.
	www.usdoj.gov /osg/briefs/1999/2pet/7pet/99-1544.pet.aa.html (4644 words)

	The International Law Firm of Fulbright & Jaworski - Judicial Clerkships (Site not responding. Last check: 2007-10-22)
		United States Court of Appeals for the Seventh Circuit
		United States District Court for the District of Delaware
		United States District Court for the Southern District of Ohio
	www.fulbright.com /index.cfm?fuseaction=home.538 (580 words)

	[No title]
		The court denied the motion, ruling that Washington's condition should be considered in its unmedicated state and as such constituted a disability under the ADA.
		The court held that the EEOC Guidelines are contrary to the plain language of the ADA, and that mitigating measures, such as eyeglasses, must be taken into account when determining whether an individual is disabled.
		Both the 1992 and the current version of the EEOC Interpretive Guidelines state that the "existence of an impairment" and the "determination of whether an individual is substantially limited in a major life activity" must be determined "without regard to mitigating measures such as medicines, or assistive or prosthetic devices." Compare 29 C.F.R. Pt.
	www.securitymanagement.com /library/washca.txt (2851 words)

	[No title]
		United States, 445 U.S. 55 (1980), the defendant challenged his felon in possession conviction on the basis that the predicate felony was obtained in violation of the Fourth and Sixth Amendments because he was not represented by counsel.
		United States, 511 U.S. 600, 619 (1994), the Court held that to prove the charge of unlawful possession of an unregistered machine gun, the Government must show the defendant was aware the firearm possessed the characteristics of a machine gun, as defined in the statute.
		Though the court recognized Lambert was limited by subsequent decisions of the Supreme Court, Alest it swallow the general rule that ignorance of the law is no excuse,@ it stated: And [defendant=s] situation, or course, is far different from that of Ms.
	www.tcsn.net /doncicci/emerson.txt (8322 words)

	[No title]
		Decision April 20, 1981 Appeal from the United States District Court for the Middle District of Florida.
		TO THE SUPREME COURT OF FLORIDA AND ITS HONORABLE JUSTICES: It appears to the United States Court of Appeals for the Fifth Circuit that this case involves a question of Florida law which is determinative of the cause, but unanswered by controlling precedent of the Supreme Court of Florida or any other Florida appellate court.
		The court ruled that the Florida Constitution requires a claimant to possess the intention of residing permanently in a Florida residence in order for this property to fall within the homestead exemption provisions.
	www.uniset.ca /lloydata/a643F2d277.txt (620 words)

	United States Court of Appeals Fifth Circuit No. 91-7012 Court Opinion on Save Our Community versus EPA
		Appeals from the United States District Court for the Northern District of Texas.
		The cases relied upon by the district court in ruling that a discharge is not required to trigger the coverage of section 404 belie the court's conclusion.
		In the district court's grant of the application for preliminary injunction, the court found that while SOC had standing, the City of Ferris was not an appropriate party to the suit.
	www.wetlands.com /fed/socvepa1.htm (6712 words)

	People For the American Way - Pickering's Disturbing Record Regarding Access to Justice for Some Litigants (Site not responding. Last check: 2007-10-22)
		He issued this diatribe despite acknowledging that, under Supreme Court precedent, "[t]he complaint now before this Court could be construed to state a cause of action under the premise that a pro se plaintiff is entitled to have his complaint liberally construed." 879 F. Supp.
		Pickering held that the petition was "frivolous" because he had rejected the petitioner's claims during the trial and the court of appeals had affirmed.
		At the plaintiff's original trial, the state's forensic serologist had testified that his tests did not establish that the plaintiff was the rapist, only that he was not excluded from that portion of the population who could have committed the rape.
	www.pfaw.org /pfaw/general/default.aspx?oid=1216 (915 words)

	lexisONE(R) Appeals Court Clarifies Rules On Family Limited Partnerships (Site not responding. Last check: 2007-10-22)
		In its ruling, the court focused on the particulars of the much-watched case of a deceased Texas millionaire, Albert Strangi, rather than discuss a controversial legal question that estate planners had feared might come up.
		The appeals court, which issued its decision last week, carefully outlined the missteps of the Strangi family that caused the United States Tax Court to say Mr.
		The appeals court then sent the case back to the tax court, saying it should either explain why it did not allow the I.R.S. to use a particular section of the tax code or retry the case.
	www.lexisone.com /news/nlibrary/n072005e.html (821 words)

	Federal Judiciary News Release
		The Fifth Circuit, the second largest in size of the twelve regional federal courts of appeals, docketed 9646 appeals in the court year ended June 30, 2005.
		The court's headquarters are in the John Minor Wisdom Court of Appeals Building in New Orleans, which sustained only modest damage from the devastating strike of Hurricane Katrina on August 29, 2005.
		The federal courts' presence in New Orleans actually predates the Act of 1891 which established the U.S. Circuit Courts of Appeals in the country's modern three-tiered federal court structure.
	www.uscourts.gov /Press_Releases/fifthcircuit111805.html (516 words)

	Texas Cases Draw Supreme Court Scrutiny
		Three Texas death row appeals considered during the past year by the U.S. Supreme Court have resulted in sharp reversals, perhaps indicating an increasing impatience with two of the courts that handle death penalty cases from Texas: the Court of Criminal Appeals, and the United States Court of Appeals for the Fifth Circuit.
		In the last 10 years, the Supreme Court has ruled against prosecutors in all six appeals brought by inmates on death row in Texas.
		It is anticipated that a fourth case before the Court this year is poised to result in yet another rebuke.
	www.deathpenaltyinfo.org /article.php?did=1238&scid=64 (205 words)

	People For the American Way - Pickering's Pre-Judicial Conduct (Site not responding. Last check: 2007-10-22)
		Pickering, who was a state senator at the time, voted in favor of sealing the records, and was asked about the subject at his 1990 confirmation hearing before the Senate Judiciary Committee.
		In 1958, the Mississippi Supreme Court held that a problem in the language of the state statute criminally penalizing interracial marriage made the criminal law unenforceable.
		The article specifically stated that if the law were to "serve the purpose that the legislature undoubtedly intended it to serve, the section should be amended." Pickering, "Miscegenation," at 329 (emphasis added).
	www.pfaw.org /pfaw/general/default.aspx?oid=1214 (1652 words)

	UNITED STATES COURT OF APPEALS - FIFTH CIRCUIT
		Court for the Southern District of Texas, Houston Division, entered April 5, 2001.
		The district court held in this case that a federal habeas petitioner,
		of state court fact-findings are effectively assumed to be false.
	www.ccadp.org /jefferywilliams-legaldoc.htm (711 words)

	Court decisions regarding mental health law citing the views of Thomas Szasz
		23190, 23783, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 152 U.S. App.
		22829, 22830, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, 142 U.S. App.
		Y-76-1903, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND, 484 F. Supp.
	www.szasz.com /cases.html (988 words)

	Casino Ads Cert (Site not responding. Last check: 2007-10-22)
		On January 15, 1999, the United States Supreme Court granted a writ of certiorari to hear an appeal from the United States Court of Appeals for the Fifth Circuit in a case involving a highly contested federal law restricting broadcast advertising of lotteries.
		In 1998, the law was upheld by the United States Court of Appeals for the Fifth Circuit in the case of Greater New Orleans Broadcasting Ass'n.
		On January 11, 1999, the Court declined to hear, on expedited review, the appeal of a decision by the United States District Court for the District of New Jersey, in which the law was upheld.
	www.cohnmarks.com /WhatsNews/casinocert.htm (240 words)

	(P) Estate of Jameson,v. Commissioner,US Court of Appeals for the Fifth Circuit
		Commissioner Of Internal Revenue, United States Court of Appeals for the Fifth Circuit, No. 00-60489, September 18, 2001.
		The United States Court of Appeals for the Fifth Circuit vacated and remanded Estate of Helen Bolton Jameson v.
		The Tax Court rejected both assertions and did its own calculation of the BIG tax value reduction based on the present value of the tax assuming the timber was sold over nine years.
	www.gofcg.org /templates/cusfcg/details.asp?id=21401&fetch=1825 (191 words)

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