Meet Judge Rhesa H. Barksdale of the Court of Appeals for the Fifth Circuit (5th Cir.)

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RECENT ARTICLES WHICH REFERENCE JUDGE BARKSDALE, FIFTH CIRCUIT

The Fifth Circuit is All at Sea About Following the Law

Judge Jennifer Walker Elrod makes the right call here by way of dissent, applying common sense.  Unfortunately it does not help the seaman obtain the right financial compensation.

A Taxing Texas Decision to Deny En Banc Rehearing Splits Fifth Circuit Right Down the Middle. But The Right Call Was Made.

The 8 Dissenting 5th Cir. Judges Owen, Smith, Elrod, Haynes, Willett, Ho, Engelhardt, Oldham would give Attorney Client Privilege to the Austin, Texas law firm over the objections of the IRS.

Judge Rhesa Barksdale: The Role of Civility in Appellate Advocacy (1999)

The Role of Civility in Appellate Advocacy; The Honorable Rhesa Barksdale, an appellate judge, Court of Appeals for the Fifth Circuit.

Houston Southern District: US Judge Hanks Awards “Triple Damages” for Mortgage Fraud by Lender Allied Home Mortgage

COURT OF APPEALS FOR THE FIFTH CIRCUIT AFFIRMED THE $300 MILLION DOLLAR JUDGMENT AGAINST ALLIED HOME MORTGAGE, WHICH INCLUDES TRIPLE DAMAGES AS PER THE LOWER COURTS ORDER (SDTX). Act allows courts to triple damage awards. Allied not only sought to toss the jury verdict against it, they also tried to convince the court that any losses suffered by the government were not caused by them. Judge Hanks didn’t buy their arguments, however.

Austin Estate Planning & Tax Law Firm Accused by the IRS of Aiding and Abetting Clients Illegally Evade Paying U.S. Taxes. The Lower Court has Ruled in Favor of the IRS, Now the Lawyers are Rushing to the Attorney-Friendly 5th Circuit for Protection and a Reversal of the Adverse Ruling

Here, the Firm’s attorney-client privilege arguments do not meet its burden to rebut a Powell showing, in large part because the Firm makes a blanket assertion and does not produce a privilege log or similar device. See, e.g., Hanse v. United States, 2018 WL 1156201, at *6 (N.D. Ill. Mar. 5, 2018) (concluding that a “blanket assertion of privilege,” which did not properly assert attorney-client privilege on a document-by-document basis, was “insufficient to challenge the validity of the IRS summons”).

Certification to the Supreme Court of Texas, Heck No, Says Fifth

In the Fifth Circuit Court of Appeals decision,  Sexton v Deutsche Bank  they reiterate their belligerent stance in this and other cases that Erie guess is as good as a homeowner gets when requesting a question be certified to the Supreme Court.

Current List of Judges (2020), Court of Appeals, Fifth Circuit, LA.

WILSON, CORY T.

WILLETT, DON R.

WIENER, JACQUES L. (JR.)

SOUTHWICK, LESLIE H.

SMITH, JERRY E.

OWEN, PRISCILLA R.

OLDHAM, ANDREW “ANDY” S.

KING, CAROLYN DINEEN, (MRS. REAVLEY)

JONES, EDITH H.

JOLLY, E. GRADY

HO, JAMES “JIM” C.

HIGGINSON, STEPHEN A.

HIGGINBOTHAM, PATRICK E.

HAYNES, CATHARINA

GRAVES, JAMES E. (JR)

ENGELHARDT, KURT E.

ELROD, JENNIFER W.

DUNCAN, STUART K.

DUHE, JOHN M.

DENNIS, JAMES L.

DAVIS, W. EUGENE

COSTA, GREGG J.

CLEMENT, EDITH B.

BENAVIDES, FORTUNATO P.

STEWART, CARL E.

Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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