All posts tagged "abuse of discretion"
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4.6K1Editors ChoiceConvictions of Ex-Texas Mayor and Developer Upheld, Legal Battle Continues While Couple Remain on Bond
Appeals Court Verdict is Vacated in Part, No Doubt to Aid the Extended Time Before these Convicted Felons Actually Report to Prison.
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1.3KAppellate CircuitCritically Acclaimed: Texas Federal Judge Lynn Hughes is Asinine, But He’s Stayin’ Say Fifth Circuit
This is the third time in recent times we have been asked to consider whether Judge Lynn Hughes is behavin' like an...
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1.1KAppellate CircuitThis is no longer 1788. This is a new world and a new America.
The Burkes fight for democracy and honest judges is not insular, and like the current Ukraine-Russian war, it affects millions of citizens.
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1.1KAppellate CircuitCA5: We Don’t Care About the FBI’s Financial Institution Fraud. We Care About Deutsche Bank.
Both the lower court District Judge Sean Jordan of E.D. Tex. and the Fifth Circuit 3-panel blame the homeowner for the home...
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1.8KAppellate JudgesIdentical Rules Apply in Recusal of a Judge in Texas State Court or Federal Court
A clear failure by the trial court to analyze or apply the law correctly will constitute an abuse of discretion.
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1.1KAppellate JudgesWhen is Mandamus Granted by the Court of Appeals for the Fifth Circuit?
This court is constrained to issue writs of mandamus only in situations that amount to a clear abuse of judicial power or...
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1.0KAppellate CircuitAppellate Court Mandates Reassignment to a Different Judge Under Reasonableness Test
"...an appellate court will mandate reassignment when the facts “might reasonably cause an objective observer to question the original judge’s impartiality.”"
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1.6KAppellate JudgesJudge Alfred H. Bennett, S.D. Tex., Reversed for Abuse of Discretion by Fifth Circuit
Abuse of Discretion: The scope of the district court’s discretion is narrower when the Rule 41(b) dismissal is with prejudice says 5th...
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3.9KEditors ChoiceCriminal Trial II After Fifth Circuit Appeal Finds Corrupt Laura Jordan and Dowry Hubby Guilty, Again
Our elected officials are held to the highest standards, and former Mayor Laura Jordan traded her responsibility to serve her constituents to...
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3.6KEditors ChoiceCorrupt Former Texas Mayor Laura Jordan and Real Estate Boyfriend, Now Hubby, Awarded a New Criminal Trial As Fifth Circuit Decides to Rely on the Judge’s Discretion
In a published opinion, Judge Elrod for the panel held that the district court did not abuse its broad discretion without holding...
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3.1KFifth CircuitJudge Sparks Sanctions and Recusal Row But Judge Andy Oldham Settles it With a Silver Bullet
The district court determined that Tejero’s attorneys did not settle his lawsuit quickly enough. So the district court sanctioned them. That was...
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2.2KAppellate JudgesFederal Appellate Court Reverses Lower Court Judge for Tossing Case Over a Late-Filed Document
U.S. District Judge Manuel Real acted too harshly when he tossed a case because a document was filed a week past the...
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3.2K1Appellate CircuitAustin Lawyer Deemed to be a Vexatious Litigant in Court fined $43,000 in Sanctions
“Why does the government have to go after the citizen? There’s something terribly wrong with that,” Connor said. “This is the entire...
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3.4KAppellate CircuitVexatious or Not, The Supreme Court of Texas Decide to Abate Lower Court Sanctions Against Texas Lawyer Stephen Casey
Asking the Court to declare pro se's Vexatious Litigants is a serious matter. LIT asks; WHY could the Supreme Court of Texas...
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2.2KAppellate CircuitFifth Circuit Judge Willett Opines: § 1927 sanctions imposed against Attorney(s) for advancing a meritless, immunity-barred claim against Judge are Reasonable
Since 1980, federal courts have awarded stiff sanctions under modern § 1927 to punish the wrongful prolongation of litigation. Here, Morgan persistently...
