Fifth Circuit Handdowns – January 27, 2014

No handdowns last Friday that I could track down, because of a DNS attack on the entire federal judiciary.

Huff v. Neal – 12-20762 (unpublished): Affirmance of Bivens action due to failure to exhaust administrative remedies. Affirmance of Federal Tort Claims Act claims because the complained actions fell within the discretionary function exemption.

Villanueva v. Stephens – 12-70015 (unpublished): denial in part and grant in part of a certificate of appealability on the denial of habeas relief under the Anti—Terrorism and Effective Death Penalty Enforcement Act (AEDPA). COA granted solely on the ground of whether a waiver of the right to present mitigating evidence requires that the waiver be informed and knowing.

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