5th Circuit to hear three cases en banc
The 5th Circuit will hear three cases en banc on May 22, 2008. At issue:
U.S. v. Gomez, whether offense of rape by duress under California Penal Code is a “crime of violence” warranting a sixteen-level sentencing enhancement.
In re Volkswagen of Am., Inc., whether the district court abused its discretion in denying Volkswagen’s motion to transfer venue from Marshall, Texas, to Dallas, Texas, pursuant to 28 USC 1404; Volkswagen claims that the only factor weighing in favor of maintaining venue in the Eastern District of Texas was that it was the plaintiff’s choice of forum, but that none of the other public or private interest factors weigh in favor of proceeding in Marshall.
Moore v. Quarterman, the panel of the U.S. Fifth Circuit held that the petitioner failed to exhaust his state court remedies, that Texas’ abuse-of-the-writ doctrine would preclude the filing for further state postconviction relief, and vacated the habeas relief and remanded.
Other coverage on Volkswagen is available here; on Moore, here.
[...] Lovecentria wrote an interesting post today on 5th Circuit to hear three cases en bancHere’s a quick excerpt The 5th Circuit will hear three cases en banc on May 22, 2008. At issue: U.S. v. Gomez, whether offense of rape by duress under California Penal Code is a “crime of violence” warranting a sixteen-level sentencing enhancement. In re Volkswagen of Am., Inc., whether the district court abused its discretion in denying Volkswagen’s motion to transfer venue from Marshall, Texas, to Dallas, Texas, pursuant to 28 USC 1404; Volkswagen claims that the only factor weighing in favor of maintaining venu [...]
Coverage » 5th Circuit to hear three cases en banc
April 24, 2008 at 4:28 pm