Update of Federal Courts and Federal Rules of Civil Procedure
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Fourth Amendment Motion to Suppress
NO. 10-20132 In the In the United States Court of Appeals for the Fifth Circuit __________________________________ UNITED STATES OF AMERICA , Plaintiff–Appellee , v. WASHINGTON MONTANYA Defendant–Appellant . ____________________________________ On Appeal from the United States District Court for the Southern District of Texas, Houston Division No. 4:09-CR-368(2), Hon. Sim Lake, Judge Presiding ___________________________________________________ BRIEF OF APPELLANT WASHINGTON MONTANYA ___________________________________________________ Seth H. Kretzer LAW OFFICES OF SETH KRETZER Galleria Tower II 5051 Westheimer, Suite 1850 Houston, Texas 77056 [Tel.] (713) 775-3050 [Fax.] (713) 625-0329 COURT -APPOINTED ATTORNEY FOR APPELLANT WASHINGTON MONTANYA CERTIFICATE OF INTERESTED PARTIES NO. 10-20132 UNITED STATES OF AMERICA , Plaintiff–Appellee , v. WASHINGTON MONTANYA Defendant–Appellant . The undersigned counsel of record certifies the following listed persons have an interest in the outcome of this case. These representations are made in order that the judges of this court may evaluate their possible recusal or disqualification. 1. United States of America – Appellee. It is represented in the Fifth Circuit by: James Lee Turner Jose´ Moreno Assistant United States Attorney United States Attorney Chief, Appellate Division P.O. Box 61129 P.O. Box 61129 Houston, Texas 77208 Houston, Texas 77208 The United States was represented in the district-court proceedings by: Robert Johnson Assistant U.S. Attorney 919 Milam Street Houston, TX 77002 i 2. Washington Montanya – Appellant. Montanya is represented in the Fifth Circuit by: Seth H. Kretzer LAW OFFICES OF SETH KRETZER 5051 Westheimer Suite 1850 Houston, Texas 77056 Additional counsel who represented Montanya in the district court proceedings are: Gilbert Villarreal ATTORNEY AT LAW 1419 Franklin; Suite 5 Houston, TX 77002 3. -
A View from the Bench Municipal Appellate Judge Remembers (Almost) Playing Basketball for UTEP the Year They Won It All by Ki R K Co O P E R
www.elpasobar.com Spring 2017 A View from the Bench Municipal Appellate Judge Remembers (Almost) Playing Basketball for UTEP the Year They Won It All BY KIR K COOPER PAGE 6 YOUNG LAWYER SPOTLIGHTS SENIOR LAWYER INTERVIEWS Felix Valenzuela Dean Hester BY CARLOS MALDONADO BY KIR K COOPER PAGES 12 PAGE 10 Fall 2016 3 TABLE OF CON T EN T S President´s Page .................................................. 4 Making A Difference On Indifference ............. 14 A View From The Bench .................................... 6 Program Helps Non-Custodial Parents Senior Lawyer Interview: Dean Hester ............ 10 in El Paso County ............................................. 16 Young Lawyer Spotlight: Felix Valenzuela ....... 12 JUSTICE FOR ALL: Putting Words El Paso’s Drug Courts Celebrate National Into Action ........................................................ 17 Impaired Driving Prevention Month ............... 13 2017 General Memberships Meetings ............. 18 DWI Courts Unite for National Impaired Tribute box ........................................................ 20 Driving Prevention Month ............................... 13 The editors ......................................................... 22 Mediations - Aggressive and creative Arbitrations - Evidence based awards HardieMediation.com Bill Hardie See our online calendar Wells Fargo Bank Plaza / 915.845.6400 / [email protected] Spring 2017 4 PRESIDEN T ’S PAGE State Bar of Texas Awards s I reflect on this past year as your Bar Association president, I keep Award of Merit -
Members by Circuit (As of January 3, 2017)
Federal Judges Association - Members by Circuit (as of January 3, 2017) 1st Circuit United States Court of Appeals for the First Circuit Bruce M. Selya Jeffrey R. Howard Kermit Victor Lipez Ojetta Rogeriee Thompson Sandra L. Lynch United States District Court District of Maine D. Brock Hornby George Z. Singal John A. Woodcock, Jr. Jon David LeVy Nancy Torresen United States District Court District of Massachusetts Allison Dale Burroughs Denise Jefferson Casper Douglas P. Woodlock F. Dennis Saylor George A. O'Toole, Jr. Indira Talwani Leo T. Sorokin Mark G. Mastroianni Mark L. Wolf Michael A. Ponsor Patti B. Saris Richard G. Stearns Timothy S. Hillman William G. Young United States District Court District of New Hampshire Joseph A. DiClerico, Jr. Joseph N. LaPlante Landya B. McCafferty Paul J. Barbadoro SteVen J. McAuliffe United States District Court District of Puerto Rico Daniel R. Dominguez Francisco Augusto Besosa Gustavo A. Gelpi, Jr. Jay A. Garcia-Gregory Juan M. Perez-Gimenez Pedro A. Delgado Hernandez United States District Court District of Rhode Island Ernest C. Torres John J. McConnell, Jr. Mary M. Lisi William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Barrington D. Parker, Jr. Christopher F. Droney Dennis Jacobs Denny Chin Gerard E. Lynch Guido Calabresi John Walker, Jr. Jon O. Newman Jose A. Cabranes Peter W. Hall Pierre N. LeVal Raymond J. Lohier, Jr. Reena Raggi Robert A. Katzmann Robert D. Sack United States District Court District of Connecticut Alan H. NeVas, Sr. Alfred V. Covello Alvin W. Thompson Dominic J. Squatrito Ellen B. -
Durrenberger V. Texas Department of Criminal Justice
Case 4:09-cv-00786 Document 51 Filed in TXSD on 01/04/11 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JEREMY JOSEPH DURRENBERGER, § Plaintiff, § § v. § CIVIL ACTION NO. 4:09-CV-00786 § TEXAS DEPARTMENT OF § CRIMINAL JUSTICE, § Defendant. § TDCJ’S MOTION FOR RECONSIDERATION OF THE COURT’S ORDER GRANTING DURRENBERGER’S MOTION FOR SUMMARY JUDGMENT TO UNITED STATES DISTRICT JUDGE SIM LAKE: Pursuant to Rule 60 of the FEDERAL RULES OF CIVIL PROCEDURE, TDCJ, by counsel, the Texas Attorney General, submits this Motion requesting the Court reconsider Its Order granting Durrenberger’s Motion for Summary Judgment. NATURE AND STAGE OF PROCEEDINGS Durrenberger filed suit claiming disability discrimination under the Americans with Disabilities Act and the Rehabilitation Act. Durrenberger complained his hearing loss prevented him from participation in visitation with an inmate. The Court has determined Durrenberger is hearing impaired and that TDCJ discriminated against Durrenberger by failing to accommodate Durrenberger’s disability with an auxiliary hearing device or an attorney-client booth visit. TDCJ seeks reconsideration of the Court’s ruling because: 1) Durrenberger’s admission that he has not used or carried an auxiliary device set against his claim he is entitled to an auxiliary aid at TDCJ presents a factual issue for the jury as to whether he has a disability and whether TDCJ reasonably accommodated any disability and 2) a factual dispute remains regarding the Rehabilitation Act Case 4:09-cv-00786 Document 51 Filed in TXSD on 01/04/11 Page 2 of 5 causation factor necessary to a determination of intentional discrimination. -
Editor's Note
Published by the Bolch Judicial Institute at Duke Law. Reprinted with permission. © 2021 Duke University School of Law. All rights reserved. JUDICATURE.DUKE.EDU 2 JUDICATURE VOL. 101 NO. 1 EDITOR IN CHIEF CHIEF JUSTICE JOHN ROBERTS CREATED A STIR IN 2011 FOR SUGGESTING THAT MUCH LEGAL “Pick up a copy of any law review,” ribbed DON WILLETT SCHOLARSHIP OFFERS SCANT PRACTICAL INSIGHT. Justice, Supreme Court of Texas the Chief Justice, “and the first article is likely to be . the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria.” BOARD OF EDITORS The Chief Justice, who frequently cites relevant scholarship, was lightheartedly noting DINAH ARCHAMBEAULT what others have long lamented: the disjunction between legal academia and the bread-and- Judge, Twelfth Judicial Circuit Court, Illinois butter work of lawyers and judges. FREDERIC BLOCKX Judicature, for its part, need never fret over its usefulness. Our BRIEFS Judge, Commerical Court, Belgium unfussy aim — to be relentlessly relevant — rarely misses the bull’s-eye. MARK DAVIS This edition’s “cover story” showcases a hot-off-the-press report from Judge, North Carolina Court of Appeals the Conference of Chief Justices, an urgent call for civil justice improve- ments to ensure that state courts remain “affordable for all, efficient MEMBERS OF THE BOARD for all, and fair for all.” The article, co-authored by Oregon Chief JENNIFER BAILEY Justice Thomas Balmer and Judge Gregory Mize, discusses the CCJ’s Judge, 11th Judicial Circuit Court, Florida far-reaching reform proposals to meet 21st-century needs. These are CHERI BEASLEY concrete reforms, not rhetorical meringue, and rooted in a simple, yet Justice, Supreme Court often overlooked, truth: Courts exist to serve real people facing real of North Carolina challenges in the real world. -
View Procedures
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JUDGE KENNETH M. HOYT THE ATTACHED COVER PAGE MUST BE SERVED WITH THE SUMMONS AND COMPLAINT OR NOTICE OF REMOVAL Presented are Court Procedures and attachments that are applicable to cases assigned to Judge Kenneth M. Hoyt. The plaintiff must serve this cover page and the Order for Conference along with the summons and complaint on all defendants. A party removing a case to this Court has the same obligation as a plaintiff filing an Original Complaint. Proof of service of these materials must be filed with the Clerk. A form certificate for use in removed cases is attached to these materials. Additionally, the parties may, at their election, proceed with their case before a U.S. Magistrate Judge. A consent form and related instructions may be obtained on the District Court’s website at www.txs.uscourts.gov. The accompanying procedures are to be used in conjunction with the Local Rules for the Southern District of Texas and not as a substitute for them. The Local Rules as well as this Court’s procedures may also be obtained at www.txs.uscourts.gov. The Court requires strict compliance with the Local Rules and its procedures. Revised: March 2013 THE HONORABLE KENNETH M. HOYT UNITED STATES DISTRICT JUDGE United States Courthouse Courtroom No. 11A 515 Rusk, 11th Floor, Room 11-144 Telephone: (713) 250 - 5613 Facsimile: (713) 250 - 5368 CYNTHIA HORACE Case Manager for Judge Kenneth M. Hoyt P. O. Box 61010 Houston, Texas 77208 Telephone: (713) 250 - 5515 Email: [email protected] TABLE OF CONTENTS Contact with Court Personnel. -
Texas Law Judicial Clerks List
Texas Law Judicial Clerks List This list includes Texas Law alumni who reported their clerkships to the Judicial Clerkship Program – or whose names were published in the Judicial Yellow Book or Martindale Hubbell – and includes those who clerked during the recent past for judges who are currently active. There are some judges and courts for which few Texas Law alumni have clerked – in these cases we have listed alumni who clerked further back or who clerked for judges who are no longer active. Dates following a law clerk or judge’s name indicate year of graduation from the University of Texas School of Law. Retired or deceased judges, or those who has been appointed to another court, are listed at the end of each court section and denoted (*). Those who wish to use the information on this list will need to independently verify the information being used. Federal Courts U.S. Supreme Court ............................................................................................................. 2 U.S. Circuit Courts of Appeals ............................................................................................. 3 First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Seventh Circuit Eighth Circuit Ninth Circuit Tenth Circuit Eleventh Circuit Federal Circuit District of Columbia Circuit U.S. Courts of Limited Jurisdiction ...................................................................................... 9 Executive Office for Immigration Review U.S. Court of Appeals for the Armed Forces U.S. Court of Appeals for Veteran Claims U.S. Court of Federal Claims U.S. Court of International Trade U.S. Tax Court U.S. District Courts (listed alphabetically by state) ............................................................ 10 State Courts State Appellate Courts (listed alphabetically by state) ........................................................ 25 State District & County Courts (listed alphabetically by state) .......................................... -
Discovery Gone Bad
DISCOVERY GONE BAD Sponsor: Young Lawyers Division CLE Credit: 1.0 Thursday, June 19, 2014 10:50 a.m. - 11:50 a.m. Ballroom B Northern Kentucky Convention Center Covington, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Report of the Parties' Planning Meeting .......................................................................... 1 Court Orders Regarding Discovery Disputes ................................................................... 5 Appendix Links to Rules of Civil Procedure and Local Rules ........................................................ 15 THE PRESENTERS Robert M. Croft, Jr. Dinsmore & Shohl, LLP 7620 Beech Spring Court Louisville, Kentucky 40241 (502) 540-2352 [email protected] ROBERT M. CROFT, JR. is an associate in Dinsmore’s Louisville and Lexington offices, where he is a member of the Product Liability and Toxic Tort Practice Groups. -
Legal Powerhouse
BRIEFCASE SIX ALUMNI REACH GREAT HEIGHTS LEGAL POWERHOUSE 2016 BRIEFCASE Volume 34 SIX ALUMNI REACH GREAT HEIGHTS Number 1 Cover design: Elena Hawthorne BRIEFCASE LEGAL POWERHOUSE University of Houston Law Center - Please direct correspondence to: Carrie Anna Criado Institutes, Centers, and Select Programs Briefcase Editor University of Houston A.A. White Dispute Resolution Institute Law Center Director, Ben Sheppard 4604 Calhoun Road Houston, TX 77204-6060 Blakely Advocacy Institute [email protected] Director, Jim Lawrence ’07 713.743.2184 Center for Biotechnology & Law 713.743.2122 (fax) Director, Barbara J. Evans, George Butler Research Professor of Law Writers John T. Brannen, Carrie Anna Criado, Kenneth M. Fountain, John T. Kling, Center for Children, Law & Policy Glenda Reyes, Laura Tolley Director, Ellen Marrus, George Butler Research Professor of Law Photographer Elena Hawthorne, Stephen B. Jablonski Design Seleste Bautista, Eric Dowding, Center for Consumer Law Elena Hawthorne Director, Richard M. Alderman, Professor Emeritus Printing UH Printing Services Center for U.S. and Mexican Law UH Law Center Administration Director, Stephen Zamora, Professor Emeritus Dean and Professor of Law Criminal Justice Institute Leonard M. Baynes Director, Sandra Guerra Thompson, Alumnae College Professor of Law Associate Dean and Associate Professor of Law Marcilynn A. Burke Environment, Energy & Natural Resources Center Director, O’Quinn Law Library and Associate Professor of Law Director, Bret Wells, Associate Professor of Law Spencer L. Simons Health Law & Policy Institute Associate Dean for Student Affairs Director, Jessica L. Roberts, Associate Professor of Law Sondra Tennessee Co-director, Jessica L. Mantel, Assistant Professor of Law Associate Dean of External Affairs Russ Gibbs Institute for Higher Education Law and Governance Assistant Dean for Information Technology Director, Michael A. -
United States District Court Southern District of Texas
Case 4:12-cv-01833 Document 16 Filed in TXSD on 11/15/12 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS TEXAS AGGIE CONSERVATIVES, a recognized student organization at Texas A&M University, Plaintiff, v. R. BOWEN LOFTIN, individually and in his official capacity as President of Texas A&M University; Lt. Gen. JOSEPH WEBER, individually and in his official capacity as Vice President of Student Affairs at Texas A&M University; WILLIAM B. STACKMAN, individually and in his official capacity as Case No. 4:12-cv-1833 Director of Student Activities at Texas A&M University; ROSEMARY SCHOENFELD, Hon. Sim Lake JOHN T. SWEENEY, CYNTHIA A. OLVERA, LAURA A. SIGLE, SOMBRA NOTICE OF SETTLEMENT AND DAVIS, KATHRYN G. KING, TONYA VOLUNTARY DISMISSAL DRIVER, MELISSA R. SHEHANE, LINDA D. LEWIS, and TRACIE A. LOWE, all individually and in their official capacities as Texas A&M University employee members of the Student Organization Advisory Board; SAMANTHA L. ALVIS, CHAO HUANG, ROBERT C. SCOGGINS, STEPHEN N. BARNES, HOA T. NGUYEN, KELSEY HANES, and EMILY E. SCHARNBERG, all in their official capacities as Texas A&M University student members of the Student Organization Advisory Board, Defendants. Plaintiff Texas Aggie Conservatives, by and through counsel, and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), hereby states as follows: Plaintiff filed a verified complaint on June 19, 2012. On October 9, 2012, the Court extended the deadline for service to December 17, 2012. Case 4:12-cv-01833 Document 16 Filed in TXSD on 11/15/12 Page 2 of 3 Pursuant to Fed. -
List of Contact Information About the Members of the Judicial Conference of the United States (The Highest Policy-Making Body of the Federal Judiciary, 28 U.S.C
List of Contact Information About the Members of the Judicial Conference of the United States (the highest policy-making body of the Federal Judiciary, 28 U.S.C. §331) For the list of members as of the last January 2008, go to http://www.uscourts.gov/judconf/members/2008.html For further information about any member, find the respective court through http://www.uscourts.gov/courtlinks/ by Dr. Richard Cordero, Esq. [email protected] Chief Justice John G. Roberts, Jr. Chief Judge William K. Sessions, III Presiding Officer U.S. District Court, DVT Judicial Conference of the U.S. Post Office Box 928 c/o Supreme Court of the United States Burlington, VT 05402-0928; tel. (802)951-6350 1 First Street, N.E Chief Judge Anthony J. Scirica Washington, D.C. 20543 rd Public Information Office: (202)479-3211 U.S. Court of Appeals, 3 Cir. Clerk's Office: (202)479-3011 U.S. Courthouse 601 Market Street Mr. Jeffrey P. Minear Philadelphia, PA 19106; tel. (215)597-2399 Administrative Assistant to the Chief Justice Supreme Court of the United States Chief Judge Garrett E. Brown 1 First Street, N.E U.S. District Court, DNJ Washington, D.C. 20543 402 East State St., Rm 2020 Trenton, NJ 08608; tels. (609)989-2009 Mr. James C. Duff Chief Judge Karen J. Williams Conference Secretary and AO Director th Administrative Office of the U.S. Courts U.S. Court of Appeals, 4 Cir. One Columbus Circle, NE 1100 E. Main St., Annex, Ste. 501 Washington, D.C. -
Table of Contents
Table of Contents 1 Harris County Courts at Law — Civil 1-1 Court Directory 1-2 Local Rules 1-3:1 Harris County Civil Court at Law No. 2, Hon. Jim F. Kovach 1-3:2 Harris County Civil Court at Law No. 3, Hon. LaShawn A. Williams 1-3:3 Harris County Civil Court at Law No. 4, Hon. William “Bill” McLeod 2 Harris County Courts at Law — Criminal 2-1 Court Directory 2-2 Local Rules 2-3:1 Harris County Criminal Court at Law No. 16, Hon. Darrell Jordan 3 Harris County District Court — Civil 3-1 Court Directory 3-2 Local Rules 3-3:1 Harris County 11th Civil District Court, Hon. Kristen Brauchle Hawkins 3-3:2 Harris County 55th Civil District Court, Hon. Latosha Lewis Payne 3-3:3 Harris County 127th Civil District Court, Hon. R. K. Sandill 3-3:4 Harris County 129th Civil District Court, Hon. Michael Gomez 3-3:5 Harris County 133rd Civil District Court, Hon. Jaclanel Moore McFarland 3-3:6 Harris County 151st Civil District Court (Electronic Court), Hon. Mike Engelhart 3-3:7 Harris County 152nd Civil District Court, Hon. Robert K. Schaffer 3-3:8 Harris County 190th Civil District Court, Hon. Beau A. Miller 3-3:9 Harris County 270th Civil District Court, Hon. Dedra Davis 4 Harris County District Courts — Criminal 4-1 Court Directory 4-2 Local Rules 4-3:1 Harris County 208th Criminal District Court, Hon. Greg Glass 4-3:2 Harris County 337th Criminal District Court, Hon. Herb Ritchie 4-3:3 Harris County 351st Criminal District Court, Hon.