All posts tagged "judge jerry smith"
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1.4KTexasFifth Circuit’s Latest Unlawful Act in Remanding for Attorney Fees in Casalicchio v. BOKF
BOKF relies, principally, on a deed-of-trust provision purporting to allow it to "charge Casalicchio fees for services performed in connection with [his]...
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1.5KBankruptcyPart-Time or Random Residence Ain’t A Family Homestead Exemption in Texas Law
When Alwin Gerald Morgan filed his Chapter 11 bankruptcy petition, he claimed a family homestead exemption for a property in which he...
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1.0KE.D. Tex.Oh Look Priscilla. It’s Premature.
Apparently premature is a word that the judicial colleagues of Chief Judge Priscilla Owen clearly understand without accenting in parenthesis.
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1.7KFifth CircuitHidalgo EMS Owner Obtained $2.6M PPP Loan While in Bankruptcy Court. It Hasn’t Ended Well for Kenneth Ponce
Kenneth B. Ponce is the CEO of Hidalgo County Emergency Services Foundation doing business as Hidalgo County EMS. He was found guilty...
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1.3KFederal JudgesIt Was 1992. Judge Jerry Smith Authored for the 3-Panel Affirming Criminal Sentence of Federal Judge Robert F. Collins of Louisiana
Defendants Robert F. Collins, a United States District Judge of the Eastern District of Louisiana, and John H. Ross, Collins's longtime friend,...
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1.7KFederal LawTexas Lawyer Mary Lou Serafine Labeled a Vexatious Litigant in 2021
Mary Lou Serafine is a lawyer in Austin, Texas. Serafine commenced litigation under federal civil rights law, Section 1983, against five Texas...
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1.2KAppellate JudgesUpdate: A Texas Lawyer’s Personal Battle and Foreclosure Defense v Deutsche Bank National Trust Co and Ocwen Loan Servicing LLC
The 5th Circuit is indeed trying to ignore the controlling precedent in Texas regarding the deed of trust as nothing more than...
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1.9KAppellate CircuitChief Judge Priscilla Owen’s Panel Reversed by Supreme Court in Qualified Immunity Case. LIT’s Judicial Profiling is Vindicated, Again.
The Fifth Circuit is reversed [for showing no emotion nor humanity and] for incorrectly applying qualified immunity when clearly that protection was...
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3.4KFederal LawFifth Circuit Judge Edith Brown Clement Understands the Various Badges of Fraud in Law. The Caveat is Lawyers Are Immune
An individual badge of fraud is not conclusive, but a concurrence of many badges in the same case will always make out...
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3.7K1Appellate JudgesA Video Series Showing 5 Outlaws in Black Robes and Still the Crimes These Judges Commit Are Above the Law
If citizens accept this illegal behavior by judges on the bench then change will not happen and your civil rights will be...
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3.6KAppellate CircuitFifth Circuit Judges Spark Noticable Split in First Amendment En Banc Case.
Trump Judges: Fifth Circuit Judges Kyle Duncan, Jim Ho, Don Willett and Andy Oldham are the minority in this en banc decision.
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2.9KAppellate CircuitThe Frazzled Sequel: Cato File another Amicus Brief into the Fifth Circuit’s All American Case And It’s Hard-Hitting
CATO argue that allowing the CFPB to carry on with unconstitutionally initiated actions would perpetuate the earlier constitutional violation.
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3.5KAppellate JudgesWhen Litigants are Ordered to File an Amended Brief and End Up More Distressed About the Judges than the Opposing Parties, That’s Not Good for Democracy
Dishonorably and shockingly, it has now become a desperate search for judges who can provide a fair and impartial hearing at COA...
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3.7KAppellate JudgesWaiver, Ethics, Other Authorities, Inherent Authority, Truth Seeking and Let’s Add Some Poetry. It’s All in this Motion for Reconsideration at CA5.
It is abundantly clear the Burkes are well within their legal rights to cite the documents and web links which they included...
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2.4K1Federal LawThe Frazzled Sequel: Fifth Circuit Schedule All American for Week of September 21st, 2020 after Selia Law Decision
Fifth-Circuit Panel arranges en banc hearing in Consumer Fin. Prot. Bureau v. All Am. Check Cashing, Inc., No. 18-60302 for week of...
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2.8KAppellate CircuitJudge Edith Jones of the Court of Appeals for the Fifth Circuit Dissents – from Her Own Opinion
It's not uncommon for judges to write separate concurrences to their own majority opinions but we've not seen a judge write a...
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3.0KAccelerationJudge Jerry Smith of the Fifth Circuit Confirms a Lower Court is Not Restricted to Act Even When Case is Marked as Closed on the Docket and Notices
It is well established that a federal court may consider collateral issues after an action is no longer pending, incl. the imposition...
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2.1KCFPBCFPB Issues Statement to Define “Abusive” Acts or Practices
The consumer watchdog agency, the CFPB, has power to prohibit consumer-finance practices that are “abusive”. This is new in consumer protection laws.
