Decisions – Miss.S.Ct. – Jan. 23, 2014

Lott v. Saulters – land SOL dispute – In 2001 Francis, in an attempt to create a problem for law exams, conveyed land to her son Ralph reserving a life estate. Four months later she conveyed the same land to her daughter Brenda again reserving a life estate. Betty knew about the deed to Ralph.…

Fifth Circuit Handdowns – January 23, 2014

United Nat. Ins. Co. v. Mundell Terminal Servs., Inc. – 13-50052 (published): Declaratory judgment insurance dispute. Applies Texas law in diversity action. Jimenez v. Deutsche Bank Nat. Trust Co. – 13-50403 (unpublished): summary affirmance of summary judgment in wrongful foreclosure case on the grounds that “the parties are thus in agreement that summary judgment was…

Fifth Circuit Handdowns – January 22, 2014

United States v. Bosch – 13-40180 (unpublished): Summary affirmance of sentence enhancement based on district court credibility determination. In re: Tamayo – 14-20051 (unpublished): Habeas petition determined not to be successive under AEDPA, because the basis for the new petition – a decision from the Inter-American Human Rights Commission – was not available at the…

Fifth Circuit Handdowns – Jan. 21, 2014

United States v. Martinez – 09-50026 (unpublished): Summary affirmance of conviction under the Sex Offender Registration and Notification Act, based on resolution of the issues presented in new cases. Washington v. Stephens – 09-70028 (unpublished): Grant of certificate of appealability and remand to the district court for consideration of a previously-unresolved ineffective assistance of counsel…

Decisions – Ct. of App. – Jan. 21, 2014

In the Matter of the Estate of Eubanks – attorneys fees in complicated wrongful death scenario – Dane was killed in a one-vehicle accident  His mother opened an estate, was named administratrix, and hired Kihyat to represent the estate Survivors were listed as the mother, , biological father, stepfather,  a brother Seth, and a half…