Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed George Dennis Moore's conviction for possessing a firearm as a felon, rejecting his constitutional challenges as foreclosed by controlling precedent. The court held that while the statute is constitutional on its face, Moore's status as a probationer at the time of the offense precludes an as-applied challenge.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed the dismissal of a medical negligence claim against the United States under the Federal Tort Claims Act. The court held that Mississippi's seven-year statute of repose bars suits filed more than seven years after the alleged negligent act, regardless of when the injury was discovered.
The Fifth Circuit affirmed a district court dismissal of a challenge to a Harris County administrative order restricting public access to misdemeanor bail bond contents. The court held that the order constitutes a permissible denial of access to government information rather than a violation of the First Amendment.
The United States Court of Appeals for the Fifth Circuit affirmed a district court dismissal of a pro se employment discrimination complaint. The appellate court held that the plaintiff forfeited her arguments by failing to respond to a motion to dismiss for improper service of process.
The United States Court of Appeals for the Fifth Circuit affirmed the denial of arbitration for domestic insurers while vacating the refusal to stay litigation pending arbitration of foreign insurers. The court held that separate contracts existed between the hospital and each insurer, precluding the Convention on the Recognition and Enforcement of Foreign Arbitral Awards for domestic entities.
The Fifth Circuit Court of Appeals ruled that a Texas law requiring the display of the Ten Commandments in public school classrooms does not violate the Establishment or Free Exercise Clauses of the First Amendment.
The Fifth Circuit dismissed a petition for review challenging the Board of Immigration Appeals' denial of a waiver of inadmissibility and adjustment of status. The court held that the petitioner's challenge to the weighing of her criminal history against her positive equities was an impermissible attack on discretionary judgment, which is stripped from judicial review under federal statute.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Sonia Mata regarding a sentencing enhancement. The court enforced a waiver of appeal included in Mata's plea agreement.
The Fifth Circuit affirmed the denial of Joseph Gray Jr.'s motion for compassionate release, ruling that he failed to demonstrate a nonretroactive change in law affecting his culpability. The court further held that Gray did not satisfy the statutory requirement of having served at least ten years of his sentence.