Cases

Ronald F. Moser, et al. v. Kristi Heffington, et al., No. 62, September Term 2018 Opinion by Raker, J. (Senior Judge, Specially Assigned) FIFTH AMENDMENT – WAIVER OF PRIVILEGE AGAINST SELF- INCRIMINATION – For the purpose of the Fifth Amendment privilege against self- incrimination, a deposition and the trial for which it is given are part of the same “proceeding.” Thus, when the plaintiff waived her Fifth Amendment privilege at a deposition, she waived the privilege to the same extent at her s

Eyler, Deborah S., J. This appeal presents a question of first impression in Maryland: whether, and under what circumstances, a plaintiff in a civil case who also is a defendant in a related criminal prosecution is entitled to a stay of the civil case so as not to penalize her for invoking her Fifth Amendment privilege against self-incrimination. We shall hold that in deciding whether t

Ronald F. Moser, et al. v. Kristi Heffington, et al., No. 62, September Term 2018 Opinion by Raker, J. (Senior Judge, Specially Assigned) FIFTH AMENDMENT – WAIVER OF PRIVILEGE AGAINST SELF- INCRIMINATION – For the purpose of the Fifth Amendment privilege against self- incrimination, a deposition and the trial for which it is given are part of the same “proceeding.” Thus, when the plaintiff waived her Fifth Amendment privilege at a deposition, she waived the privilege to the same extent at her s

GREGG COSTA, Circuit Judge: Defendant Main’s petition for panel rehearing is GRANTED IN PART and DENIED IN PART. Main’s petition for rehearing en banc is DENIED. IT IS ORDERED that our prior panel decision, United States v. Sanjar, 853 F.3d 190 (5th Cir. 2017), is WITHDRAWN as to Adam Main, and the following is SUBSTIT

GREGG COSTA, Circuit Judge: The reason Willie Sutton once gave for robbing banks is true of Medicare today: that’s where the money is. So it is not surprising that we consider another case alleging a scheme to defraud the multibil-lion dollar government program. A jury convicted the six defendants of that fraud as well as paying and receiving kickbacks for referrals. Their appea

REVISED April 13, 2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-20025 Fifth Circuit FILED

OPINION AND ORDER ADOPTING IN PART REPORT AND RECOMMENDATION AND DENYING MOTION TO SUPPRESS ROBERTO A. LANGE, District Judge. I. INTRODUCTION Defendant Jason Long (“Long”) originally was indicted for one count of possession with intent to distribute a controlled substance, AM 2201, in violation of 21 U.S.C. § 841(a)(1). Doc. 1. A Superseding Indictment added two counts of possessing with t

676 F.Supp.2d 1218 (2009) UNITED STATES of America, Plaintiff, v. Daniel MONTGOMERY, Defendant. Criminal Action No. 03-20127-KHV. Civil Action No. 08-2318. United States District Court, D. Kansas. November 13, 2009. *1220 Leon J. Patton, Sheri P. McCracken, Office of United States Attorney, Kansas City, KS, for Plaintiff.

566 F.3d 422 (2009) UNITED STATES of America, Plaintiff-Appellee, v. Shannon Keith HARRIS, Defendant-Appellant. No. 08-40137. United States Court of Appeals, Fifth Circuit. April 21, 2009. *426 Carmen Castillo Mitchell (argued), Richard Kent Harris, Asst. U.S. Atty., Houston, TX, for U.S. Eric Joseph Davis (argued) (Court-

500 F.3d 1154 (2007) UNITED STATES of America, Plaintiff-Appellee, v. Joshua Chad BECKSTEAD, Defendant-Appellant. No. 05-4178. United States Court of Appeals, Tenth Circuit. September 5, 2007. *1155 *1156 Mary C. Corporon, Corporon, Williams & Bradford, P.C., Salt Lake City, UT, for Defend

TYMKOVICH, Circuit Judge. This case requires us to consider whether the federal government is immune from damages for injuries its agents caused to an active-duty servicewoman’s baby during childbirth. Our resolution of the issues is controlled by the Supreme Court’s decision in Feres v. United States, which found that military service members were barred from bringing claims against the government under the Federal

GRIFFIS, P.J., FOR THE COURT: ¶ 1. Michael Donaldson was convicted of possession of child pornography and filming a person in violation of expectation of privacy. We find no error and affirm. FACTS ¶ 2. During an investigation for child pornography, the Mississippi Attorney General's Cyber Crime Unit (the "Cyber Crime Unit

PER CURIAM. Douglas Hunter entered a conditional plea of guilty to charges of violating 18 U.S.C. § 922(g)(1) and 18 U.S.C. § 924(a)(2), possession of firearms and ammunition by a felon. Hunter preserved his right to appeal certain pretrial rulings of the trial court. Hunter argues that the court erred in not suppressing evidence purportedly taken in violation of Fed. R.Crim.P. 41 and the Fourth Amendment. Hunter also believ

83 F.Supp.2d 637 (1999) UNITED STATES of America v. Douglas ELLIOTT. Criminal No. 3:99CR27-02. United States District Court, E.D. Virginia, Richmond Division. June 15, 1999. Opinion Denying Reconsideration September 29, 1999. *638 *639 Nicholas S. Altimari, Asst. U.S. Atty., U

IN THE SUPREME COURT OF IOWA No. 06 / 06-1443 Filed May 2, 2008 STATE OF IOWA, Appellee, vs. GUY EDWARD FREMONT, Appellant. Appeal from the Iowa District Court for Worth County, Jon S. Scoles, Paul W. Riffel, and Bryan H. McKinley, Judges. Defendant appeals conviction based upon the admission of evidence seized pursuant to a warrant issued by a magistrate who was not neutral and detach

ALARCON, Circuit Judge: Roy L. Barton appeals from the judgment of conviction and the sentence imposed following the entry of his conditional guilty plea to manufacturing marijuana, in violation of 21 U.S.C. § 841(a)(1). Law enforcement officers discovered a marijuana manufacturing operation in Barton’s home during the execution of a search warrant. Barton moved to suppress th

Opinion BROWN, J. A local government, such as a county, is a “person” within the meaning of 42 United States Code section 1983 (section 1983); hence a *345local government may be found liable for damages under this section. In contrast, neither a state nor state officials sued in their official capacity are “person[sj” within the meaning of section 1983

PATRICK E. HIGGINBOTHAM, Circuit Judge: James David Autry asks that we set aside his death sentence imposed by a Texas court upon his conviction for murdering a clerk while attempting to rob a convenience store. Autry argues that in five respects the United States District Court was in error in refusing his petition for writ of ha

816 F.2d 1036 UNITED STATES of America, Plaintiff-Appellee,v.Claudy Ray HERRON and Johannes Faul, Defendants-Appellants. No. 86-1413. United States Court of Appeals,Fifth Circuit. May 4, 1987. Bruce Anton, Frank Jackson, Dallas, Tex., for Herron, Faul. Terry K. Ray, Asst. U.S. Atty.

JOHNSON, Circuit Judge. In November 1981, a barber in Dallas, Texas named Kenneth Grindele walked into the Dallas United States Attorney’s Office and identified himself as a cocaine user and “small time” dealer. Grindele advised federal authorities that he had been involved in cocaine trafficking with appellant John Russell Webster, that he was indebted to Webster and in fear