Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's lawsuit after he failed to pay the required filing fee. The court held that the plaintiff waived his right to challenge the dismissal on appeal by failing to raise the issue in his brief.
The Fifth Circuit dismissed a criminal appeal after reviewing the record and agreeing with appointed counsel that the case presented no nonfrivolous issues for review. The court granted the Federal Public Defender's motion to withdraw and excused them from further responsibility in the matter.
The Fifth Circuit affirmed the dismissal of a Fair Housing Act claim because the plaintiff failed to plead specific facts linking her disability to the landlord's failure to make repairs. The court also rejected the plaintiff's motion to recuse the district judge, ruling that adverse rulings alone do not prove judicial bias.
The Fifth Circuit affirmed Christopher Andrade's conviction for conspiracy to commit murder-for-hire, finding no plain error in the evidence regarding the victim's identity. The court further held that jury instructions were accurate and the admission of redirect testimony did not warrant reversal.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 challenge to a Texas discovery statute, holding that the Younger abstention doctrine bars federal intervention. The court ruled that the plaintiff had an adequate opportunity to raise his constitutional claims within the ongoing state criminal proceedings.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 claims, ruling that the proposed amended complaint failed to state a valid claim regardless of the district court's procedural error. The court held that the amendment was insufficient as a matter of law because it omitted the police department and failed to allege a Monell violation.
The Fifth Circuit affirmed the dismissal of a constitutional challenge to a Texas statute limiting marriage solemnization to religious officials or judges. The court held that the plaintiff lacked Article III standing because he failed to allege concrete plans to perform a wedding ceremony in the county.
The Fifth Circuit affirmed the revocation of Kelley Lynn Lamberson's supervised release, finding no plain error in the district court's sentencing despite her claim that the court improperly relied on retributive factors. The court held that because the revocation was mandatory under 18 U.S.C. § 3583(g), the district court was not required to consider the retributive factors Lamberson cited, even if she had preserved the objection.
The Fifth Circuit affirmed the denial of a § 2255 motion, holding that a defendant cannot prove ineffective assistance of counsel based on a conflict of interest without showing that the conflict adversely affected the defense strategy. Although the attorney's dual representation created an actual conflict, the record showed the lawyer withdrew immediately upon discovery and took no substantive actions that harmed the client.
The Fifth Circuit dismissed an appeal by a defendant who failed to prove the government breached his plea agreement. The court held that the government satisfied its sentencing recommendation obligation by including it in the presentence report.