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Judges Spar, But Fake Lawyer's Conviction Stands
Mauricio Celis' appellate attorney, David Botsford, says he is disappointed in the CCA's opinion. He says it contains a number of factual errors, "including the fact the constitutionality of the statute was not attacked."
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Commentary: Miranda Rights Are Not a Luxury
There is an enormous temptation to suspend the Constitution in a crisis, writes Erwin Chemerinsky. But the Constitution is not a luxury to be indulged until the ends justify other means.
What Neuroscience Can Teach Us About Settlement Negotiations
There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.
After Controversy, Ex-Congressman Registers to Lobby
Former Representative Ron Klein (D-Fla.) has registered with Congress as a federal lobbyist at Holland & Knight for the first time since he left congressional lobbying rolls in February 2012 amid controversy. |
| 5TH U.S. CIRCUIT COURT OF APPEALS |
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CRIMINAL PRACTICE
United States v. Alvarado-Casas
(5th Cir. 05/14/2013)
The appellant challenges his federal guilty plea conviction of conspiracy to commit aggravated alien transporting, arguing principally that his plea lacks an adequate factual basis, and that the district court misadvised him as to his sentencing exposure, rendering his plea involuntary. Although it was error for the district court to inform him that he faced only a 10-year maximum sentence, and that the error was clear and obvious, the appellant failed to carry his burden of establishing a reasonable probability that but for the error, he would not have pleaded guilty. The sentence is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-40295, 05-14-2013.
CONSTITUTIONAL LAW
Cibolo Waste Inc. v. City of San Antonio
(5th Cir. 05/15/2013)
Appellants filed suit against a city, claiming that the permit fee violates the dormant Commerce Clause by imposing an excessive burden on interstate waste haulers. The district court dismissed their claims. The ordinance is a type of blanket prohibition that favors neither interstate nor intrastate commerce. Appellants' participation in intrastate commerce throughout Texas does not suffice to place them within the zone of interests protected by the dormant Commerce Clause. The district court's dismissal is affirmed. 5th U.S. Circuit Court of Appeals, No. 12-50153, 05-15-2013.
INSURANCE LAW
Louisiana Generating L.L.C. v. Illinois Union Insurance Co.
(5th Cir. 05/15/2013)
This case concerns whether Illinois Union Insurance Co. has a duty to defend Louisiana Generating LLC in an underlying suit filed against it by the Environmental Protection Agency and the Louisiana Department of Environmental Quality for alleged Clean Air Act and state environmental law violations. "Remediation costs" are defined very broadly to include expenses incurred to redress pollution in compliance with environmental law, including, inter alia, costs associated with investigating, mitigating or abating pollution. This language providing coverage for remediation costs potentially covers the multiple prayers for relief in the complaint. The district court's holding is affirmed and the case is remanded. 5th U.S. Circuit Court of Appeals, No. 12-30651, 05-15-2013.
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REAL PROPERTY
Meekins v. Wisnoski
(Tex.App. Dist.14 05/16/2013)
This dispute revolves around the sale of real property. References to a 1958 deed do not contain a clear intention to reserve or except an interest from the receiver and guardianship deed. A portion of the trial court's judgment involving alleged title to 50 percent of mineral rights to an inherited estate is severed, reversed and remanded; the remainder is affirmed as modified. Houston's 14th Court of Appeals, No. 14-12-00048-CV, 05-16-2013.
CIVIL PRACTICE
Scheel v. Alfaro
(Tex.App. Dist.4 05/15/2013)
The appellant challenges the trial court's order setting aside a courthouse-steps sale conducted by a receiver pursuant to two turnover orders and the trial court's setting aside of those turnover orders. Because Texas Civil Practice and Remedies Code §31.002 does not require notice of a turnover application or prohibit turnover orders from being granted absent notice, the trial court erred in sanctioning counsel for the appellant $5,000 under Texas Rule of Civil Procedure 21; that portion of the trial court's order is reversed, the remainder is affirmed. San Antonio Court of Appeals, No. 04-11-00443-CV, 05-15-2013.
CRIMINAL PRACTICE
Ex Parte Arjona
(Tex.App. Dist.9 05/15/2013)
The applicant in this habeas matter alleges he is entitled to relief based on the immigration consequences of his guilty plea. Considering the circumstances presented at the plea hearing -- involving a discussion regarding applicant's efforts to obtain a green card -- the possibility of an assumed duty by counsel, and the allegation of ineffectiveness and affirmative misadvice of counsel, the applicant should be provided an opportunity to develop and present evidence at the hearing. The trial court's denial is vacated and remanded. Beaumont Court of Appeals, No. 09-12-00554-CR, 05-15-2013.
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