Fortunato Pedro Benavides

“Zlatko Jukic (Jukic), a citizen of Croatia, petitions for review of a final order of deportation by the Board of Immigration Appeals. We deny review.”

“The Appellant/Cross-Appellee Fruehauf Corporation ("Fruehauf") appeals a jury verdict finding that Fruehauf wrongfully discharged Appellee/Cross-Appellant Bill Gann ("Gann") ... We AFFIRM in part and REVERSE in part.”

“Because we hold that Bexar County did not timely file notice of removal in federal court, we vacate the judgment of the district court and remand to the district court with instructions to remand the case to state court.”

“For the reasons set forth above, we find that Meanes is procedurally barred from raising his Enmund claims in this court. In addition, to the extent that the district court held that Meanes received ineffective assistance of counsel, we find that decision erroneous as a matter of law. Accordingly, the judgment of the district court is REVERSED and judgment is RENDERED denying Meanes habeas corpus relief.”

“The appellant, the State of Louisiana, brings this interlocutory appeal challenging the district court's denial of its motion for summary judgment, in which the State argued that ... the plaintiff's claims against it under Title VII ... and the Equal Pay Act ... were barred by the Eleventh Amendment. For the reasons set forth below, we AFFIRM.”

“We therefore find that the magistrate judge abused his discretion in granting Midwest additional time to file notice of an appeal. ... We dismiss the appeal for lack of jurisdiction.”

“We conclude that the statute of limitations was tolled while Villegas's second state habeas petition was pending. Because we exclude that time period from the calculus, we find that Villegas's federal petition was timely. We therefore vacate the judgment and remand for further proceedings.”

“As an en banc court, we AFFIRM the judgment of the district court. ... When a state court finds on the basis of credible evidence that defense counsel repeatedly slept as evidence was being introduced against a defendant, that defendant has been denied counsel at a critical stage of his trial. In such circumstances, the Supreme Court's Sixth Amendment jurisprudence compels the presumption that counsel's unconsciousness prejudiced the defendant.”

“The district court correctly granted summary judgment to the Director. Section 2301.476(c) prohibits International from operating as a dealer of used trucks and does not violate the Commerce Clause. AFFIRMED.”

“We decide that Bridgers has not shown that the state court's decision that he was adequately advised of his Fifth Amendment rights is objectively unreasonable and affirm the district court's denial of federal habeas relief. Finding his Fourth Amendment claim barred, we deny the request for a COA.”

“Because the Texas courts were objectively unreasonable under applicable Supreme Court Eighth and Fourteenth Amendment jurisprudence in concluding that Tennard's jury had an adequate vehicle during the capital sentencing phase to give mitigating effect to relevant evidence of a low intelligence quotient ('IQ'), we reverse the district court's decision and remand with instructions to grant habeas relief.”

“On appeal, the sole issue is whether the motion to reopen the time for filing a notice of appeal was timely under the Federal Rules of Appellate Procedure. Because we conclude that the motion was untimely, the appeal is dismissed for lack of jurisdiction.”