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Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit

In United States v. Perea, No. 19-2160 (10th Cir. Oct. 20, 2020), the Tenth Circuit holds that a finding of competency to stand trial in a federal criminal trial is not a collateral order subject to interlocutory appeal. Defendant was indicted on nine counts of child pornography. The district court initially found him not competentContinue reading “Court Finding That Defendant Is Competent to Stand Trial Not Subject to Interlocutory Appeal, Holds Tenth Circuit”

On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot

In M.D. v. Abbott, No. 19-41015 (5th Cir. Oct. 16, 2020), the Fifth Circuit – while recognizing “the good faith of the district judge in this case” – wrests control over a statewide injunction of Texas’s foster-care system. “Plaintiffs are a certified class of minor children in the permanent managing conservatorship (PMC) of the TexasContinue reading “On a Third Go-Around, Fifth Circuit Puts Down Its Chancellor’s Foot”

Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness

In Dierlam v. Trump, No. 18-20440 (5th Cir. Oct. 15, 2020), the Fifth Circuit holds that the district court was too hasty to judge whether changes in the Affordable Care Act (ACA) entirely mooted a claim to recover “shared responsibility” payments. In this pro se case, plaintiff sought “retrospective and prospective relief for myriad allegedContinue reading “Fifth Circuit Remands Challenge to ACA Shared-Responsibility Payments for the District Court to Reconsider Mootness”

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