Appellate Judges

Three Items found at the Fifth Circuit; A Baseball Bat, a Mulligan and a Precedent

Honduran man caught illegally re-entering the U.S. from Mexico after 2012 deportation. Feds: His sentence should be enhanced as he was convicted in 2006 of beating his brother-in-law to death with a baseball bat in Missouri. Feds: His sentence should be enhanced as he was convicted in 2006 of beating his brother-in-law to death with a baseball bat in Missouri.
Fifth Circuit (panel): Our precedent requires us to declare that such a crime is not one of violence, so a sentence enhancement is inappropriat

A Honduran man caught illegally re-entering the U.S. from Mexico after 2012 deportation.

Feds: His sentence should be enhanced as he was convicted in 2006 of beating his brother-in-law to death with a baseball bat in Missouri.

Fifth Circuit (panel): Our precedent requires us to declare that such a crime is not one of violence, so a sentence enhancement is inappropriate.

 Fifth Circuit (en banc): “It is high time for this court to take a mulligan” on this issue, and we overrule 15 years of precedent.

Mulligan

A mulligan is a second chance to perform an action, usually after the first chance went wrong through bad luck or a blunder. 

More at Wikipedia

16 ACTIVE JUDGES HEAR EN BANC

WILLETT, DON R.

STEWART, CARL E.

SOUTHWICK, LESLIE H.

SMITH, JERRY E.

OWEN, PRISCILLA R.

OLDHAM, ANDREW “ANDY” S.

JONES, EDITH H.

HO, JAMES C.

HIGGINSON, STEPHEN A.

HAYNES, CATHARINA

GRAVES, JAMES E. (JR)

ENGELHARDT, KURT E.

ELROD, JENNIFER W.

DUNCAN, STUART K.

DENNIS, JAMES L.

COSTA, GREGG J.

Here’s Five Days You Can Whiteout From Any Foreclosure Sale Notice in Massachusetts

Chase and several amici suggested for the first time that the panel’s reading of Pinti and other SJC precedents would invalidate most of the foreclosures in Massachusetts since 2012

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.

No Glossin’ Required on a Void Order Sayeth The Constitution. Fraud By The Court Commands Reversal.

The Supreme Court has repeatedly held that federal courts possess the inherent power to vacate their own judgments upon proof that a fraud has been perpetrated upon the court.

En Banc Granted at Eleventh Circuit in Order to Devastate Kia Employees Retaliation Claims

As a consequence of Branch’s majority opinion joined by Grant and others, however, Gogel will not have the opportunity to prove to a jury that she was fired by Kia in retaliation for filing an EEOC discrimination charge.

Fraud On The Fifth Circuit by Mnuchin and Co.?

Have the Treasury and FHFA Perpetrated a Fraud on the Fifth Circuit Court of Appeals in Collins v. Mnuchin, now before the US Supreme Court?

Former Counsel to Trump, Don McGahn Must Appear Before the House Judiciary Committee DC Appeals Court Rules

In a 7-2 decision, the D.C. Circuit holds that the House has standing to ask courts to enforce subpoenas for executive branch information.

Three Items found at the Fifth Circuit; A Baseball Bat, a Mulligan and a Precedent
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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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