The felonious taking and carrying away the personal goods of another, unattended by ...
Court of Appeals for the Fifth Circuit Court Cases
Larry Allen Myers challenges the validity of his federal bank robbery conviction. He contends that the district court committed reversible error when it (1) refused to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed before the trial, (2) admitted evidence indicating that Myers had previously been convicted of armed bank robbery, and (3) gave the jury a flight instruction that lacked sufficient evidentiary support. We agree, and therefore we reverse [...]
Court: Court of Appeals for the Fifth Circuit Docket: 76-1489
Richard Gerry Drinkard, a Texas death row inmate, seeks a certificate of probable cause ("CPC") to appeal the district court's denial of his petition for a writ of habeas corpus. Construing his application for CPC as an application for a certificate of appealability ("COA") under 28 U.S.C. § 2253, as amended by section 102 of the Antiterrorism and Effective Death Penalty Act of 1996 (the "AEDPA"), Pub.L. No. 104-132, 110 Stat. 1214 (1996), we grant the COA because Drinkard has made [...]
Court: Court of Appeals for the Fifth Circuit Docket: 94-20563
Berry v. Brady (1999)Plaintiff-appellant Willie Berry, Jr. (Berry), a prisoner incarcerated at the Stiles Unit of the Texas Department of Criminal Justice, Institutional Division, filed this pro se, in forma pauperis (IFP) action under 42 U.S.C. 1983 against defendant-appellee Joseph Brady (Brady), a correctional officer at the Stiles Unit. Berry alleged that Brady subjected him to cruel and unusual punishment in violation of the Eighth Amendment by denying him eight meals over a seven-month period and [...]
Court: Court of Appeals for the Fifth Circuit Docket: 98-41179
Bettye A. Barrios, Johnson, Johnson, Barrios & Yacoubian, New Orleans, LA, Melvin M. Belli, San Francisco, CA, Joseph M. Bruno, Bruno & Bruno, New Orleans, LA, Kenneth M. Carter, New Orleans, LA, Bruce C. Dean, New Orleans, LA, Wendell H. Gauthier, Daniel G. Abel, Dana Kim Cormier, Julie B. Beiser, Gauthier & Murphy, Metairie, LA, Christopher M. Guidroz, New Orleans, LA, John B. Krentel, Metairie, LA, Walter J. Leger, Jr., New Orleans, LA, Arthur R. Miller, Cambridge, MA, [...]
Court: Court of Appeals for the Fifth Circuit Docket: 95-30725
Black v. Warren (1998)Jerome Black, Texas prisoner # 634349, appeals the district court's dismissal of his civil rights claims as frivolous and for failure to state a claim under 28 U.S.C. § 1915(e)(2)(B)(i) & (ii). Black argues that the district court erred in dismissing his claims of due process violations during a disciplinary hearing pursuant to Sandin v. Conner, 515 U.S. 472, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995). He contends that Texas created a liberty interest by enacting certain Texas [...]
Court: Court of Appeals for the Fifth Circuit Docket: 96-41238
United States v. Walters (2005)Defendant-Appellant Jason Paul Walters ("Walters") pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2) ("count 1"), and to using or carrying a firearm during and in relation to a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) ("count 2"). He appeals the 15-month sentence imposed on the basis of count 1 pursuant to United States v. Booker, 543 U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). [...]
Court: Court of Appeals for the Fifth Circuit Docket: 04-20669
In this equal employment opportunity action we consider the linguistic tolerance to be accorded a charging party under the 1964 Civil Rights Act and its attendant regulations. The court below dismissed the complaint on the ground that plaintiff had written the wrong words and checked the wrong box in filling out an administrative charge form supplied by the Equal Employment Opportunity Commission. Because we conclude that the trial court's approach is not in keeping with the words of [...]
Court: Court of Appeals for the Fifth Circuit Docket: 27730_1
In this case we are called upon to consider the impact on the federal Sentencing Guidelines of the Supreme Court's recent opinion in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Defendant Francisco D. Pineiro was convicted in the district court of violating the federal controlled-substances laws. During sentencing, the district judge followed then-uncontroversial pre-Blakely procedures and made various factual findings that determined Pineiro's sentencing [...]
Court: Court of Appeals for the Fifth Circuit Docket: 03-30437
Ahmed P. Rachid ("Rachid") filed an age discrimination claim under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-34, alleging that he was terminated from his managerial position at Jack In The Box, Inc. ("JIB"). Because Rachid established a prima facie case and because issues of material fact concerning JIB's proffered reason for terminating Rachid are disputed, summary judgment was improper and this case is REVERSED and REMANDED.
Court: Court of Appeals for the Fifth Circuit Docket: 03-10803
COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED William D. Baldwin, Asst. U.S. Atty. (argued), Tyler, TX, for Plaintiff-Appellee.
Court: Court of Appeals for the Fifth Circuit Docket: 99-41490
Tolliver v. Dobre (2000)
In challenging the dismissal of his 28 U.S.C. 2241 habeas petition, Sylvester Tolliver (federal prisoner # 24806-013) contends that 2241 is the proper method to collaterally attack his sentence, because a 28 U.S.C. 2255 motion would be denied as successive, therefore rendering 2255 ineffective and inadequate. We AFFIRM.
Court: Court of Appeals for the Fifth Circuit Docket: 99-41420
Twelve years after the crime, a Texas jury convicted Billy George Hughes of the capital murder of Texas state trooperMark Frederick and sentenced him to death. See Hughes v. State, 897 S.W.2d 285, 288-89 (Tex. Crim. App. 1994).1 This was the second conviction and death sentence for this murder. The jury found Hughes guilty of violating TEX. PENAL CODE ANN. 19.03(a)(1), which provides that a person commits capital murder if "the person murders a peace officer who is acting in the lawful [...]
Court: Court of Appeals for the Fifth Circuit Docket: 98-40171
Appellants Michael Thevis and Global Industries, Inc. (Global) were convicted by a jury of violating the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962. Thevis and appellants Anna Jeanette Evans and Alton Bart Hood were convicted of conspiracy to violate the civil rights of Roger Dean Underhill under 18 U.S.C. § 241 by preventing him from testifying at trial. All appellants claim that the trial court erred in several evidentiary rulings, chiefly [...]
Court: Court of Appeals for the Fifth Circuit Docket: 79-5739
Wang v. Ashcroft (2001)
Shelley R. Goad, Thomas Ward Hussey, Director, John S. Hogan (argued), U.S. Dept. of Justice, Civil Division, Immigration Litigation, Washington, DC, Christine G. Davis, Immigration and Naturalization Service, Attn: Joe A. Aguilar, New Orleans, LA, Richard Cravener, District Director, Immigration & Naturalization, Houston, TX, for Respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 00-60291
Darrell Jackson appeals from the district court's grant of summary judgment for the defendants' and the subsequent dismissal of his civil rights suit against various prison officials and employees of the Louisiana Department of Corrections (DOC). On appeal, Jackson raises various procedural challenges to the judgment and also challenges the district court's granting of summary judgment on all of his substantive claims.
Court: Court of Appeals for the Fifth Circuit Docket: 87-3110
George Thompkins brought this suit under 42 U.S.C. Sec. 1983 claiming that his Eighth Amendment rights were violated because he was denied access to medical treatment for a back injury he suffered while he was incarcerated in a Louisiana parish jail. Thompkins named as defendants the parish sheriff, Bill Belt, and Belt's liability insurer, American Druggist Insurance Company. Thompkins was awarded $4,500 as compensatory damages in a bench trial. He appeals, claiming that this award is [...]
Court: Court of Appeals for the Fifth Circuit Docket: 86-4187
Darrell Early pleaded guilty pursuant to a written plea agreement to the possession of a firearm by a convicted felon. Applying the enhancement provision of 18 U.S.C. Sec. 924(e), the district court sentenced Early to a 15-year term of incarceration, a 2-year term of supervised release, and a $50 special assessment.
Court: Court of Appeals for the Fifth Circuit Docket: 94-40168
Carbajal-Gonzalez v. I.N.S. (1996)
Janet Reno, Atty. Gen., U.S. Dept. of Justice, Washington, DC, Nelda C. Reyna, Atty., David J. Kline, David V. Bernal, Richard M. Evans, Atty., Robert L. Bombough, Director, INS, Civ. Lit., Washington, DC, for appellee.
Court: Court of Appeals for the Fifth Circuit Docket: 94-40411
This case arises out of a petition seeking an order directing the Trustees of a Teamsters Union Pension Fund1 to turn over to the Trustee in Bankruptcy2 certain funds and property which he claimed were assets of the bankrupt and which came into the possession of the P. F. Trustees, and the claim of the P. F. Trustees to setoffs against their liability to turn over such funds. The matter was before this court on a former appeal by the Trustee from a decision of the district court involving [...]
Court: Court of Appeals for the Fifth Circuit Docket: 23895_1
Munoz, a convicted felon, moved into an apartment located at 11625 Rojas in El Paso, Texas, with his girlfriend, Brandi Reinhardt, and her baby during March, 1995. He contacted his parole officer, Carlos G. Paniagua, about his new home address. Paniagua verified Munoz's change in residence through Reinhardt.
Court: Court of Appeals for the Fifth Circuit Docket: 97-50427