Plenary Reception Program
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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. -
Texas Library Association OUTSTANDING SERVICES to LIBRARIES AWARD NOMINATION WORK FORM
Texas Library Association OUTSTANDING SERVICES TO LIBRARIES AWARD NOMINATION WORK FORM Date:____December 18, 2013_______ NOMINEE: Judge Jack English Hightower (posthumous nomination; died August 3, 2013 in Austin, Texas)______________ Name of the nominee Served on the National Commission on Libraries and Information Science (5 years); Founding president of the Texas Supreme Court Historical Society; Actively involved as a volunteer with the Baylor University Libraries; Supported Libraries at the state, local, and national levels through his service in the Texas State Senate, the United States House of Representatives, the Texas Attorney General’s Office, and on the Texas Supreme Court Title/Library Affiliation of Nominee Daughter: Amy Hightower Brees 3009 Chatelaine Drive Austin, TX 78746______________________________ Widow: Colleen Ward Hightower Summit at Westlake Hills, Apt. 227 1034 Liberty Park Drive Austin, TX 78746-6852_ Nominee's Address Amy: (512) 347-7137 e-mail: [email protected] Colleen: (512) 452-7327 (no e-mail)________________ Nominee's Phone Number/Fax/Email NOMINATED BY: Kathy R. Hillman_____________________________________________________________________ Nominator's Name Director of Baptist Collections, Library Advancement, and the Keston Center for Religion, Politics, and Society at Baylor University Nominator's Title/Affiliation 8505 Oakdale Drive Waco, TX 76712 (Work: One Bear Place #97148 Waco, TX 76798-7148)__________________ Nominator's Address Cell: 254-749-5347 Office: 254-710-6684 FAX: 254-710-3116 E-mail: [email protected]_____________ Nominator's Phone Number/Fax/Email Please read the criteria for the award as outlined in Standing Rule 9, Section C "Awards" and send detailed information using these subheads: I. Specific reason for nomination II. -
United States Court of Appeals
United States Court of Appeals Fifth Federal Judicial Circuit Louisiana, Mississippi, Texas Circuit Judges Priscilla R. Owen, Chief Judge ...............903 San Jacinto Blvd., Rm. 434 ..................................................... (512) 916-5167 Austin, Texas 78701-2450 Carl E. Stewart ......................................300 Fannin St., Ste. 5226 ............................................................... (318) 676-3765 Shreveport, LA 71101-3425 Edith H. Jones .......................................515 Rusk St., U.S. Courthouse, Rm. 12505 ................................... (713) 250-5484 Houston, Texas 77002-2655 Jerry E. Smith ........................................515 Rusk St., U.S. Courthouse, Rm. 12621 ................................... (713) 250-5101 Houston, Texas 77002-2698 James L. Dennis ....................................600 Camp St., Rm. 219 .................................................................. (504) 310-8000 New Orleans, LA 70130-3425 Jennifer Walker Elrod ........................... 515 Rusk St., U.S. Courthouse, Rm. 12014 .................................. (713) 250-7590 Houston, Texas 77002-2603 Leslie H. Southwick ...............................501 E. Court St., Ste. 3.750 ........................................................... (601) 608-4760 Jackson, MS 39201 Catharina Haynes .................................1100 Commerce St., Rm. 1452 ..................................................... (214) 753-2750 Dallas, Texas 75242 James E. Graves Jr. ................................501 E. Court -
Message from the President Executive Director's Page Fellows Column
Winner of the American Association for State and Local History’s Excellence in History Award Columns Leads Features Message from the President The Civil Law Collection of State Bar of Texas Digital Archives By Dylan O. Drummond the Texas Supreme Court The Texas Supreme Portal is Launched By Michael Widener Court Historical Society By Caitlin Bumford This is an account of will celebrate its The Bar’s Archives an unused collection thirtieth anniversary Department has spent of law books, one that early next year two years developing a did little to shape the on January 13th. tool to provide public Dylan O. minds of its intended Read more... access to selected Drummond users, an “un-library,” as Gold spine stamp digitized archival a Spanish colleague of on many volumes from the Texas materials. Read more... Executive Director’s Page mine put it. Supreme Court’s library By Sharon Sandle Read more... Supreme Court of Texas This issue of the Journal focuses on research and From the Western Frontier Archive Update the wealth of archival By Tiffany Gilman information available to the Digital Frontier: Many of the Court’s to those researching records are judicial work Texas legal history. A History of the State Law Library product, and therefore Read more... Sharon Sandle By Amy Small confidential. However, The paucity of Republic- the Court also maintains era law libraries may a wide array of records The Republic-era have been as much “Sam Houston” Fellows Column open to the public. Bible in the By David J. Beck due to the difficulty of Read more.. -
Confirmation Hearings on Federal Appointments
S. HRG. 110–138 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 6, MARCH 13, APRIL 11, JUNE 20, AND JULY 19, 2007 PART 1 Serial No. J–110–8 Printed for the use of the Committee on the Judiciary ( VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00001 Fmt 6011 Sfmt 6011 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00002 Fmt 6019 Sfmt 6019 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC S. HRG. 110–138 CONFIRMATION HEARINGS ON FEDERAL APPOINTMENTS HEARING BEFORE THE COMMITTEE ON THE JUDICIARY UNITED STATES SENATE ONE HUNDRED TENTH CONGRESS FIRST SESSION FEBRUARY 6, MARCH 13, APRIL 11, JUNE 20, AND JULY 19, 2007 PART 1 Serial No. J–110–8 Printed for the use of the Committee on the Judiciary ( U.S. GOVERNMENT PRINTING OFFICE 37–658 PDF WASHINGTON : 2007 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 0ct 09 2002 09:38 Sep 17, 2007 Jkt 037658 PO 00000 Frm 00003 Fmt 5011 Sfmt 5011 S:\GPO\HEARINGS\37658.TXT SJUD1 PsN: CMORC COMMITTEE ON THE JUDICIARY PATRICK J. LEAHY, Vermont, Chairman EDWARD M. KENNEDY, Massachusetts ARLEN SPECTER, Pennsylvania JOSEPH R. -
The United States Government Manual 2009/2010
The United States Government Manual 2009/2010 Office of the Federal Register National Archives and Records Administration The artwork used in creating this cover are derivatives of two pieces of original artwork created by and copyrighted 2003 by Coordination/Art Director: Errol M. Beard, Artwork by: Craig S. Holmes specifically to commemorate the National Archives Building Rededication celebration held September 15-19, 2003. See Archives Store for prints of these images. VerDate Nov 24 2008 15:39 Oct 26, 2009 Jkt 217558 PO 00000 Frm 00001 Fmt 6996 Sfmt 6996 M:\GOVMAN\217558\217558.000 APPS06 PsN: 217558 dkrause on GSDDPC29 with $$_JOB Revised September 15, 2009 Raymond A. Mosley, Director of the Federal Register. Adrienne C. Thomas, Acting Archivist of the United States. On the cover: This edition of The United States Government Manual marks the 75th anniversary of the National Archives and celebrates its important mission to ensure access to the essential documentation of Americans’ rights and the actions of their Government. The cover displays an image of the Rotunda and the Declaration Mural, one of the 1936 Faulkner Murals in the Rotunda at the National Archives and Records Administration (NARA) Building in Washington, DC. The National Archives Rotunda is the permanent home of the Declaration of Independence, the Constitution of the United States, and the Bill of Rights. These three documents, known collectively as the Charters of Freeedom, have secured the the rights of the American people for more than two and a quarter centuries. In 2003, the National Archives completed a massive restoration effort that included conserving the parchment of the Declaration of Independence, the Constitution, and the Bill of Rights, and re-encasing the documents in state-of-the-art containers. -
Three Essays on Civil Associations in America A
THREE ESSAYS ON CIVIL ASSOCIATIONS IN AMERICA A Dissertation submitted to the Faculty of the Graduate School of Arts and Sciences of Georgetown University in partial fulfillment of the requirements for the degree of Doctor of Philosophy in Government By Justin D. Rattey, M.A. Washington, D.C. April 22, 2020 Copyright 2020 by Justin D. Rattey All Rights Reserved ii THREE ESSAYS ON CIVIL ASSOCIATIONS IN AMERICA Justin D. Rattey, M.A. Thesis Advisor: Richard Boyd, Ph.D. ABSTRACT My dissertation includes three articles united by a focus on the normative value of civil associations. In the first article, I offer a novel interpretation of Ralph Waldo Emerson’s political theory. Emerson sometimes proclaims radical individualism and a deep antagonism to associational living. Other times—especially in the context of abolitionism and reformism—he urges solidarity and even personally embraces membership in associations. Juxtaposing Emerson’s political theory with that of Alexis de Tocqueville, I argue that we can understand Emerson as a unified, democratic political theorist through an appreciation of his consistent embrace of what I describe as extra-associational moral authority. Through both his apolitical and his political writings, Emerson consistently appeals to a source of moral authority beyond society. The second article focuses on two values underlying the Supreme Court’s Freedom of Association jurisprudence: associational freedom and equal access. While associational freedom justifies a right of associations to exclude unwanted people (such as the Boy Scouts’ right to exclude gay scoutmasters), equal access demands greater inclusion in associations (for example, by requiring that the Jaycees admit women). -
Abundant Splits and Other Significant Bankruptcy Decisions
Abundant Splits and Other Significant Bankruptcy Decisions 38th Annual Commercial Law & Bankruptcy Seminar McCall, Idaho Feb. 6, 2020; 2:30 P.M. Bill Rochelle • Editor-at-Large American Bankruptcy Institute [email protected] • 703. 894.5909 © 2020 66 Canal Center Plaza, Suite 600 • Alexandria, VA 22014 • www.abi.org American Bankruptcy Institute • 66 Canal Center Plaza, Suite 600 • Alexandria, VA 22314 1 www.abi.org Table of Contents Supreme Court ........................................................................................................................ 4 Decided Last Term ........................................................................................................................... 5 Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules ............................. 6 Licensee May Continue Using a Trademark after Rejection, Supreme Court Rules .................. 10 Court Rejects Strict Liability for Discharge Violations ............................................................... 15 Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy ................. 20 Decided This Term ......................................................................................................................... 24 Supreme Court Rules that ‘Unreservedly’ Denying a Lift-Stay Motion Is Appealable .............. 25 Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence ....................... 28 Cases Argued So Far This Term .................................................................................................. -
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. -
April 2017 Newsletter Page 1 of 3 Judge Jack Pope 1913-2017
Abilene Christian University Department of Political Science & Criminal Justice April 2017 Newsletter Page 1 of 3 Judge Jack Pope 1913-2017 The passing of ACU icon Chief Justice Jack Pope is of course the lead story for this April’s newsletter. Texas Supreme Court Chief Justice Pope was one of the most well-respected jurists in Texas history, and his death made national news—we have included the obituary from the Austin American-Statesman below. Our department will always be grateful for his tremendous example of legal scholarship and leadership for our alum who go on to legal careers. We are also so appreciative of his starting the Jack Pope Fellows Program here at ACU, which trains and awards scholarships to outstanding ACU students who intend to pursue careers in public service. Memorials can be made in Justice Pope’s memory and honor to the Pope Fellows Program. Jack Pope, an indefatigable legal legend who spent 38 years as a Texas judge — including a politics-defying two-year stint as the Texas Supreme Court’s Chief Justice — died February 25 at age 103 in Austin. Pope served on the state’s highest civil court from 1964-85, making a lasting impression on the law by pushing for an enforceable code of ethics for judges, simplifying and streamlining trials, and requiring formal judicial education for state judges “Chief Justice Jack Pope was a judicial icon, His hard work, scholarship, common sense, humor and integrity are legendary,” said the court’s current chief justice, Nathan Hecht. “He was my mentor, role model, counselor and, most especially, my friend. -
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.