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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. -
Administration of Barack Obama, 2011 Nominations Submitted to The
Administration of Barack Obama, 2011 Nominations Submitted to the Senate December 16, 2011 The following list does not include promotions of members of the Uniformed Services, nominations to the Service Academies, or nominations of Foreign Service Officers. Submitted January 5 Arenda L. Wright Allen, of Virginia, to be U.S. District Judge for the Eastern District of Virginia, vice Jerome B. Friedman, retired. Anthony J. Battaglia, of California, to be U.S. District Judge for the Southern District of California, vice M. James Lorenz, retired. Cathy Bissoon, of Pennsylvania, to be U.S. District Judge for the Western District of Pennsylvania, vice Thomas M. Hardiman, elevated. James Emanuel Boasberg, of the District of Columbia, to be U.S. District Judge for the District of Columbia, vice Thomas F. Hogan, retired. Vincent L. Briccetti, of New York, to be U.S. District Judge for the Southern District of New York, vice Kimba M. Wood, retired. Louis B. Butler, Jr., of Wisconsin, to be U.S. District Judge for the Western District of Wisconsin, vice John C. Shabaz, retired. Susan L. Carney, of Connecticut, to be U.S. Circuit Judge for the Second Circuit, vice Barrington D. Parker, retired. Claire C. Cecchi, of New Jersey, to be U.S. District Judge for the District of New Jersey, vice Joseph A. Greenaway, elevated. Edward Milton Chen, of California, to be U.S. District Judge for the Northern District of California, vice Martin J. Jenkins, resigned. Max Oliver Cogburn, Jr., of North Carolina, to be U.S. District Judge for the Western District of North Carolina, vice Lacy H. -
Appendix B—Nominations Submitted to the Senate
Appendix B—Nominations Submitted to the Senate The following list does not include promotions Edward Milton Chen, of members of the Uniformed Services, nomi- of California, to be U.S. District Judge for the nations to the Service Academies, or nomina- Northern District of California, vice Martin J. tions of Foreign Service officers. Jenkins, resigned. Submitted January 5 Max Oliver Cogburn, Jr., of North Carolina, to be U.S. District Judge for Arenda L. Wright Allen, of Virginia, to be U.S. District Judge for the the Western District of North Carolina, vice Eastern District of Virginia, vice Jerome B. Lacy H. Thornburg, retired. Friedman, retired. Mae A. D’Agostino, Anthony J. Battaglia, of New York, to be U.S. District Judge for the of California, to be U.S. District Judge for the Northern District of New York, vice Frederick Southern District of California, vice M. James J. Scullin, Jr., retired. Lorenz, retired. Roy Bale Dalton, Jr., Cathy Bissoon, of Florida, to be U.S. District Judge for the of Pennsylvania, to be U.S. District Judge for Middle District of Florida, vice Henry Lee Ad- the Western District of Pennsylvania, vice ams, Jr., retired. Thomas M. Hardiman, elevated. Sara Lynn Darrow, James Emanuel Boasberg, of the District of Columbia, to be U.S. District of Illinois, to be U.S. District Judge for the Judge for the District of Columbia, vice Thom- Central District of Illinois, vice Joe B. Mc- as F. Hogan, retired. Dade, retired. Vincent L. Briccetti, Edward J. Davila, of New York, to be U.S. -
PATTERN JURY INSTRUCTIONS (Civil Cases)
PATTERN JURY INSTRUCTIONS (Civil Cases) Prepared by the Committee on Pattern Jury Instructions District Judges Association Fifth Circuit 2014 with revisions through October 2016 For Customer Assistance Call 1-800-328-4880 Mat #41663410 COMMITTEE ON PATTERN JURY INSTRUCTIONS DISTRICT JUDGES ASSOCIATION FIFTH CIRCUIT Judge Daniel P. Jordan III, Chairman Judge Ron Clark Judge Elizabeth Erny Foote Judge Melinda Harmon Judge Mary Ann Vial Lemmon Judge Michael P. Mills Judge Sul Ozerden Judge Sarah Vance Judge Stanwood R. Duval, Jr. Judge Lee H. Rosenthal iii FOREWORD In July 2011, the Fifth Circuit District Judges Associa- tion formed the Pattern Jury Instruction Committee (Civil) including Judges Lee Rosenthal, Ron Clark, Elizabeth Foote, Sul Ozerden, Michael P. Mills, Stanwood Duval, Mary Ann Lemmon, Sarah Vance, Melinda Harmon and Dan Jordan. The Committee was charged with reviewing the existing pattern instructions and updating them where necessary. After an initial review, the Committee determined that the time had come for a top-to-bottom examination for substantive accuracy. While many of the existing instruc- tions remained valid, a significant number no longer reflected current law. This is no reflection on prior commit- tees, which did an excellent job drafting prior patterns. The law is not stagnant; it was time to update. Accordingly, the 2014 edition of the Fifth Circuit Pattern Jury Instructions (Civil) will represent a substantial overhaul. The Committee approached this project with a consistent mantra: present instructions that are as balanced, accurate, and user friendly as possible. Given the breadth of that undertaking, outside assistance was essential. And in the end, nearly one hundred judges, attorneys, law professors, and law students helped draft, vet, edit, and proofread the final product. -
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. -
Council Recognition Program 2020
Sam Houston Area Council Boy Scouts of America Annual Recognition Reception Camp Strake Grand Pavilion January 9, 2021 National Court of Honor Master of Ceremonies ............................................. Paul Huttenhoff Vice Chair-Program Sam Houston Area Council Silver Beaver Awards Presentation ......................... Patricia Chapela Council Advancement Chair Challenge to Service ............................................... Debbie Rollinson Council Commissioner Sam Houston Area Council 2 Distinguished Eagle Scout Award The National Court of Honor of the Boy Scouts of America established the Distinguished Eagle Scout Award in 1969. Since its inception, this prestigious award has been presented approximately 1,500 times nationally. The Sam Houston Area Council's Distinguished Eagle Scout Award recipients are equally representative of the character and successful lifetime achievement and service necessary to be recognized for this honor. The elite list of Distinguished Eagle Scouts named below from the Sam Houston Area Council exemplifies the Eagle Scout Challenge as an example of their lifetime achievement. Honorable Lloyd N. Bentsen, Jr. Jack L. Lander, Jr. Nelson R. Block James A. Lovell, Jr. Gerald P. Carr William P. Lucas M.L." Sonny" Carter Douglas G. MacLean George M. Fleming Carrington Mason Col. Michael E. Fossum Thomas M. Orth Orville D. Gaither, Sr. Robert W. Scott Dr. Robert M. Gates Bobby S. Shackouls Carlos R. Hamilton, Jr., M.D. L.E. Simmons Maj. Gen. Hugh W. Hardy, USMC Howard T. Tellepsen, Jr. Robert R. Herring C. Travis Traylor, Jr. William G. Higgs Frank D. Tsuru Honorable David Hittner John B. Walker Harold S. Hook David M. Weekley Charles J. Jacobus, Sr. Honorable Louie Welch Lawrence W. Kellner John V. -
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. -
(“ERISA”) Decisions As They Were Reported on Westlaw Between January 1, 2016 and December 31, 2016
DRAFT * This document is a case summary compilation of select Employee Retirement Income Security Act of 1974 (“ERISA”) decisions as they were reported on Westlaw between January 1, 2016 and December 31, 2016. Nothing in this document constitutes legal advice. Case summaries prepared by Michelle L. Roberts, Partner, Roberts Bartolic LLP, 1050 Marina Village Parkway, Suite 105, Alameda, CA 94501. © Roberts Bartolic LLP I. Attorneys’ Fees .................................................................................................................. 11 A. First Circuit ..................................................................................................................................... 11 B. Second Circuit ................................................................................................................................. 11 C. Third Circuit .................................................................................................................................... 14 D. Fourth Circuit .................................................................................................................................. 14 E. Fifth Circuit ..................................................................................................................................... 15 F. Sixth Circuit .................................................................................................................................... 16 G. Seventh Circuit ............................................................................................................................... -
Federal Judges Association Current Members by Circuit As of 4/28/2020
Federal Judges Association Current Members by Circuit as of 4/28/2020 1st Circuit United States Court of Appeals for the First Circuit Jeffrey R. Howard 0 Kermit Victor Lipez (Snr) Sandra L. Lynch Ojetta Rogeriee Thompson United States District Court District of Maine D. Brock Hornby (Snr) 0 Jon David Levy George Z. Singal (Snr) Nancy Torresen John A. Woodcock, Jr. (Snr) United States District Court District of Massachusetts Allison Dale Burroughs 0 Denise Jefferson Casper Timothy S. Hillman Mark G. Mastroianni George A. O'Toole, Jr. (Snr) Michael A. Ponsor (Snr) Patti B. Saris F. Dennis Saylor Leo T. Sorokin Richard G. Stearns Indira Talwani Mark L. Wolf (Snr) Douglas P. Woodlock (Snr) William G. Young United States District Court District of New Hampshire Paul J. Barbadoro 0 Joseph N. Laplante Steven J. McAuliffe (Snr) Landya B. McCafferty Federal Judges Association Current Members by Circuit as of 4/28/2020 United States District Court District of Puerto Rico Francisco Augusto Besosa 0 Pedro A. Delgado Hernandez Daniel R. Dominguez (Snr) Jay A. Garcia-Gregory (Snr) Gustavo A. Gelpi, Jr. Juan M. Perez-Gimenez (Snr) United States District Court District of Rhode Island Mary M. Lisi (Snr) 0 John J. McConnell, Jr. William E. Smith 2nd Circuit United States Court of Appeals for the Second Circuit Jose A. Cabranes 0 Guido Calabresi (Snr) Denny Chin Christopher F. Droney (Ret) Peter W. Hall Dennis Jacobs (Snr) Pierre N. Leval (Snr) Raymond J. Lohier, Jr. Gerard E. Lynch (Snr) Jon O. Newman (Snr) Barrington D. Parker, Jr. (Snr) Reena Raggi (Snr) Robert D. -
General Order No
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS IN THE MATTER OF DIVISION § OF WORK ORDER FOR 2020 § GENERAL ORDER NO. 2020-12 § Amended Division of Work Order Adjustments to Division of Work Order No. 2020-1 are necessary due to the appointment of United States District Judge Drew B. Tipton to the Corpus Christi Division. Pursuant to 28 U.S.C. § 137, these assignments are made, and these procedures are adopted, effective June 29, 2020. 1. Chief Judge Lee H. Rosenthal A. Retains the cases presently on her docket. B. Receives 8.66% of all cases filed in the Houston Division. C. Is the liaison judge to all court units, including the U.S. District Clerk’s Office, the U.S. Probation Office, the U.S. Bankruptcy Court, as well as to the U.S. Public Defender’s Office, the U.S. Marshals Service and the U.S. Attorney’s Office. D. Is the liaison judge for the district’s local rules. 2. Judge Ricardo H. Hinojosa A. Retains the cases presently on his docket. B. Receives 33.33% of all cases filed in the McAllen Division. C. Is the liaison judge for the McAllen Division. D. Is the liaison judge for the interpreters in the district. 3. Judge Lynn N. Hughes A. Retains the cases presently on his docket. B. Receives 8.66% of all cases filed in the Houston Division. C. Receives all government collection cases filed in the Galveston, Houston and Victoria Divisions. D. Is the liaison judge for court history. E. Is the liaison judge to the Bankruptcy Court judges in the Houston Division.