United States Court of Appeals for the Fifth Circuit

Austin Shuler’s Best Lawns, Incorporated v. M. Shapiro Management Company, L.L.C., doing business as Grand Oaks at Liberty Hill Defendant—

Roderick Napoleon Harris Petitioner— v. Eric Guerrero, Director, Texas Department of Criminal Justice Correctional Institutions Division Respondent—Appellee Application for Cert...

United States of America Plaintiff— v. Manuel Dimas Guerra Defendant—

Logan Wesley, III v. Jeff Neal

The Fifth Circuit affirmed the dismissal of a Texas prisoner's Section 1983 claims alleging assault and medical neglect by jail officials. The court held that the district court properly dismissed claims with prejudice for failure to state a claim and without prejudice for defective service of process.

United States of America v. Jesus Arturo Conchas-Mancilla

The Fifth Circuit affirmed the denial of a motion to suppress cocaine found in a vehicle, holding that a drug-detection dog's repeated alerts provided probable cause for the search. The court clarified that an instinctive alert, distinct from a trained indication, can establish probable cause when viewed under the totality of the circumstances.

In the Matter of South Coast Supply Company Debtor Briar Capital Working Fund Capital, L.L.C., as assignee of South Coast Supply Company v. Robert W. Remmert

The Fifth Circuit affirmed the jury's verdict for Robert Remmert because the appellant failed to file a post-verdict motion challenging the sufficiency of the evidence. Under Supreme Court precedent, appellate courts lack jurisdiction to review legal insufficiency claims absent a Rule 50(b) motion, regardless of the underlying bankruptcy dispute.

United States of America Plaintiff— v. Darryl Felder Defendant—

In the Matter of Marcus Jarrod Payne Debtor, Marcus Jarrod Payne v. Stacy Eley Payne

The Fifth Circuit dismissed an appeal as frivolous because the appellant failed to demonstrate that the district court erred in certifying the case lacked arguable merit. The court found the challenge to the bankruptcy injunction objectively baseless and denied the motion to proceed in forma pauperis as moot.

United States v. Buckley, III

The Fifth Circuit affirmed the district court's denial of Enoch Buckley's motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The court held that Buckley failed to demonstrate an abuse of discretion because his arguments regarding sentencing disparities were mere conjecture.

Mortel v. Nowicki

The Fifth Circuit affirmed the district court's dismissal of Donna Mortel's housing dispute, ruling that her attempt to serve defendants via email failed to comply with Federal Rule of Civil Procedure 4. The court further held that the district court acted within its discretion to dismiss the case for Mortel's failure to attend a court-ordered status conference.