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US Circuit Court of Appeals
5th Circuit Case Summaries

2004/05/24 Fri

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OPINION SUMMARIES - May 21, 2004
U.S. 5TH CIRCUIT COURT OF APPEALS
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TABLE OF CONTENTS

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS
* NEWTON v. DRETKE

PER CURIAM
* MEDELLIN v. DRETKE

PROPERTY LAW & REAL ESTATE, MINING LAW, ZONING LAW
* VULCAN MATERIALS CO. v. CITY OF TEHUACANA

TAX LAW
* KIMBELL v. US

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CRIMINAL LAW & PROCEDURE, HABEAS CORPUS

NEWTON v. DRETKE, No. 03-20925 (5th Cir. May 20, 2004)
Death row inmate's Application for a Certificate of Appealability is
denied. Failure to grant a continuance to substitute retained
counsel did not violate her Sixth Amendment right; the mitigating
evidence she presented was clearly within the scope of the existing
special issues.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0320925p.pdf
NEWTON v. DRETKE, No. 03-20925 (5th Cir. May 20, 2004-FCP)

PER CURIAM

MEDELLIN v. DRETKE, No. 03-20687 (5th Cir. May 20, 2004)
Criminal Law & Procedure, Habeas Corpus

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0320687p.pdf

PROPERTY LAW & REAL ESTATE, MINING LAW, ZONING LAW

VULCAN MATERIALS CO. v. CITY OF TEHUACANA, No. 02-51182 (5th Cir.
May 21, 2004)
Summary judgment was improperly granted to defendant in this
takings-claim challenge to an ordinance that forbids quarrying;
remanded for a determination of whether plaintiff's proposed mining
operation constitutes a public nuisance under Texas law.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0251182p.pdf

TAX LAW

KIMBELL v. US, No. 03-10529 (5th Cir. May 20, 2004)
In this estate tax case, district court erred in finding as a matter
of law that 1) family members cannot enter into a bona fide
transaction, and 2) a transfer of assets in return for a pro rata
partnership interest is not a transfer for full and adequate
consideration.

To read the full text of this opinion, go to:

[PDF File]
http://caselaw.lp.findlaw.com/data2/circs/5th/0310529p.pdf