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| Capers v. Dallas Indep. Sch. Dist., No. 05-10578 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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| Fid. & Deposit Co. v. FitzGerald Contrs., Inc. (In re Whitaker Constr. Co.), No. 04-30598 c/w 05-30074,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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Overview: Under a plain reading of La. Rev. Stat. Ann. § 9:4822(A), when notice of a contract was filed but notice of termination was not, the time period for making claims was not triggered. Since the peremptive period was not triggered, the subcontractor's adversary action was timely under Louisiana's Private Works Act, La. Rev. Stat. Ann. §§ 9:4801-55.
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| Ford Motor Co v. Woods, No. 05-30260 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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| United States v. Alcala, No. 05-40222 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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Overview: That portion of defendant's sentence requiring collection of his DNA as a condition of supervised release was vacated because his 42 U.S.C.S. 14135a(d) claim was not ripe. His sentence was otherwise affirmed because, inter alia, the Apprendi decision did not render 21 U.S.C.S. § 841(a) and (b) unconstitutional.
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| United States v. Gorton, No. 04-41528 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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| Wyatt v. Dretke, No. 04-70051,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 31, 2006, Filed
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Overview: Inmate was denied COA on issue of constitutionality of Texas death penalty statute as claim was barred by non-retroactive Teague doctrine; inmate was not entitled to habeas relief based on State's failure to produce notebook prepared by victim's mother, which contained no new evidence that was not meaningfully inconsistent with mother's testimony.
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