Recent Federal Opinions of Interest

Fifth Circuit United States v. Vargas-Ocampo – 11-41363: The Court sitting en banc abandons the equipoise rule, which provided that where circumstantial evidence can just as easily support a theory of guilt as a theory of innocence, an appellate court must reverse. This abandonment is driven by a new interpretation of the Supreme Court’s instruction in Jackson v.…

Decisions – Miss.S.Ct. – March 27, 2014

Manning v. King’s Daughters Medical Center –  Manning claimed she was injured as a result of the hospital’s negligence when Manning presented at the ER on May 16, 2008.  Ten days before the SOL was to run, her lawyer, Alfred Felder, sent an intent-to-sue letter.  In July, 2010, Manning, ostensibly acting pro se, filed a complaint…

Scruggs at home

According to the Sun Herald.  And Y’all Politics states that his release date is September 14.  The Sun Herald later corrects its story to note that Scruggs was sent to serve the rest of his sentence in home confinement. Expect another update noting that he is now in mansion confinement.

Recent Federal Opinions

Fifth Circuit The Inclusive Communities Project, Inc. v. Texas Dep’t of Housing and Community Affairs – 12-11211/13-10306: In a case alleging disparate impact in the allocation of Low Income Housing Tax Credits, the Court adopted HUD’s newly-promulgated regulations, which establish a burden-shifting framework for proving disparate impact under the Fair Housing Act. Remanded for reconsideration in light of this…