Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit dismissed an appeal challenging a district court's denial of a discovery order in a federal habeas proceeding. The court held that discovery orders are generally not appealable, leaving it without jurisdiction to review the ruling.
The Fifth Circuit affirmed the conviction of a convicted felon for firearm possession, ruling that an officer had reasonable suspicion to frisk a paralyzed passenger after observing a weapon in the driver's lap. The court further held that a defendant's stipulation to a prior felony conviction satisfies the statutory element of a prior conviction punishable by imprisonment exceeding one year.
The Fifth Circuit affirmed a five-level sentencing enhancement for distributing child pornography in exchange for valuable consideration but vacated the sentence due to an incorrect application of a pattern-of-activity enhancement. The court held that while Lopez's participation in chatrooms constituted a valid exchange, the government failed to prove the requisite pattern of sexual abuse or exploitation.
The Fifth Circuit affirmed summary judgment for a pest control company, holding that a customer provided prior express consent for pre-recorded calls by providing his phone number in a service contract. The court clarified that the TCPA statute requires only express consent for informational calls, rejecting the argument that written consent is mandatory for all pre-recorded calls.
The United States Court of Appeals for the Fifth Circuit reversed district court orders granting bond hearings to two illegal entrants. The court held that aliens present in the United States without admission are applicants for admission subject to mandatory detention without bond under the Immigration and Nationality Act.
The Fifth Circuit remanded the case to the district court to clarify whether a declaratory judgment was granted in a Takings Clause dispute. The appellate court held that the original judgment failed to specify the remedies awarded, creating ambiguity about the finality of the order.
The Fifth Circuit remanded this case to clarify the specific relief granted in a district court judgment regarding a Takings Clause violation. The appellate court found the lower court's November ruling ambiguous about whether it provided operative relief to the plaintiff.
The Fifth Circuit vacated a district court's order imposing Rule 11 and statutory sanctions against a plaintiff and his counsel, finding the sanctions were imposed without adequate notice and a meaningful opportunity to be heard. The appellate court held that the plaintiff's identity theft claims were not frivolous given the factual dispute over who opened the auto loan account.
The United States Court of Appeals for the Fifth Circuit affirmed a preliminary injunction blocking a Louisiana statute requiring public schools to display the Ten Commandments. The court held that the statute violates the Establishment Clause and that the plaintiffs have standing to challenge it.