Bill aiming to restrict law enforcement officials from using no-knock warrants, chokeholds advanced through a Senate committee

www.houmatimes.com/news/bill-aiming-to-restrict-law-enforcement-officials-from-using-no-knock-warrants-chokeholds-advanced-through-a-senate-committee/

Supreme Court To Take Up 1st Major Gun Rights Case In More Than A Decade


www.npr.org/2021/04/26/990846329/supreme-court-to- take-up-first-major-gun-rights-case-in-more-than-a-decade

US Court of Appeals for the Fifth Circuit Opinions
Thomas v. Lumpkin

Docket: 17-70002
Opinion Date: April 23, 2021
Judge: Leslie H. Southwick
Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Petitioner, an inmate on death row in Texas, filed a federal habeas application under 28 U.S.C. 2254, arguing that his counsel was constitutionally ineffective in numerous ways at trial and sentencing. Petitioner's convictions stemmed from his murder of his wife, son, and step-daughter. The Fifth Circuit granted a certificate of appealability on four of petitioner's issues. As a preliminary matter, the court concluded that petitioner's notice of appeal was timely and thus the court has jurisdiction. The court affirmed the district court's denial of habeas relief, concluding that the state court's decision was not contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court, or was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. In this case, the court concluded that petitioner is not entitled to relief on the basis that the state court improperly resolved the claim that any partial jurors were seated; on the basis of the claim involving the jurors who expressed opposition to interracial marriage; and on the basis of ineffective assistance of counsel for failing to challenge petitioner's competency to stand trial, in rebutting the voluntary-intoxication theory, and in presenting a mitigation defense.

Read Opinion

Phillips v. Sanofi U.S. Services, Inc.

Docket: 20-30405
Opinion Date: April 19, 2021
Judge: Per Curiam
Areas of Law: Drugs & Biotech, Personal Injury, Products Liability

The Fifth Circuit affirmed the district court's grant of summary judgment on plaintiff's failure-to-warn claim asserted against the manufacturers of Taxotere, a chemotherapy medication. Plaintiff argues that Taxotere's manufacturers failed to provide an adequate warning of potentially permanent hair loss, which caused her injuries. The court concluded that, under Louisiana law, plaintiff cannot establish causation where, on this record, it is beyond any genuine dispute that a warning of the risk of permanent hair loss—as opposed to temporary hair loss—would not have affected the prescribing physician's decision to prescribe Taxotere. Therefore, plaintiff's claim fails as a matter of law.

Read Opinion

'It gives you an opportunity to grow': Lafourche Parish inmates participate in Second Chance Month


www.wdsu.com/article/it-gives-you-an-opportunity-to-grow-lafourche-parish-inmates-participate-in-second-chance-month/36148986

US Court of Appeals for the Fifth Circuit Opinions
United States v. Deckert

Docket: 19-40292
Opinion Date: April 8, 2021
Judge: James C. Ho
Areas of Law: Criminal Law

In this appeal, the Fifth Circuit addressed the application of the two-level reckless endangerment enhancement under U.S.S.G. 3C1.2 to a certain category of offenses known as "groupable" offenses. Defendant objected to the enhancement on the ground that his reckless flight was related only to the second drug trafficking count, and therefore not related to the offense of conviction. The court concluded that, when it comes to certain groupable offenses such as the drug trafficking offense at issue in this case, the court applies the reckless endangerment enhancement even when the defendant is not convicted for the specific crime from which he recklessly flees—so long as the crime for which he is convicted is part of the "same . . . common scheme or plan." The court affirmed the district court's application of the two-level enhancement because the facts of this case demonstrably satisfy the "same common scheme or plan" standard.

Read Opinion

Louisiana Republican Representative introduces bill aimed at legalizing marijuana
​
www.klfy.com/louisiana/louisiana-republican-representative-introduces-bill-aimed-at-legalizing-marijuana/

United States v. Horton

Docket: 18-11577
Opinion Date: April 6, 2021
Judge: James Earl Graves, Jr.
Areas of Law: Criminal Law

On remand from the Supreme Court in light of Davis v. United States, 140 S. Ct. 1060, 1061 (2020), which requires that unpreserved claims of factual error be reviewed under the full plain error test, the Fifth Circuit again affirmed defendant's sentence because he failed to show that the district court committed a clear or obvious error. The court concluded that, because the district court's implicit finding that the two state offenses were not relevant to the federal offense is plausible in light of the record as a whole, defendant's arguments related to his prior state convictions must fail. Furthermore, the district court's implicit finding that the pending state charges were not relevant to the federal offense is also plausible in light of the record as a whole, and defendant's argument that the district court erred in declining to concurrently run his sentence with the anticipated state sentences fails as well. The court also concluded that the district court did not clearly err by failing to explain its decision to deny defendant's request to run his federal sentence concurrently with the uncharged state sentence. Even assuming the district court's failure to state the reasons for running the sentence consecutively was an error that was clear or obvious, defendant has not shown that the error affected his substantial rights. The court further concluded that any additional explanation of the 18 U.S.C. 3553(a) factors, or the imposition of the maximum 262-month sentence of the guidelines range, would not have changed his sentence.

Read Opinion

Poll shows support growing in Louisiana for legalizing marijuana


www.klfy.com/local/poll-shows-support-growing-in-louisiana-for-legalizing-marijuana/