U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

January 2016 Archives

P2P Networks Don't Have a Reasonable Expectation of Privacy

The Court of Appeals for the Fifth Circuit affirmed several criminal counts in a child pornography that centered around reasonable expectation of privacy to a peer-to-peer network.

Although the defendant attempted to defend himself pro se, his "several garbled motions" on sovereign citizen theory were not enough to convince the court that he enjoyed a reasonable expectation of privacy. This case marked the first time the Fifth Circuit confronted the issue of whether or not P2P networks are subject to the usual "reasonable expectation" test.

Fifth Circuit Affirms District Court Ruling Against Bad-Faith Debtor

The Court of Appeals for the Fifth Circuit took sides against a bad-faith debtor when it reviewed the facts of the case and described the plaintiff's actions as "an exercise in chutzpah."

In this Chapter 7 dismissal case, the plaintiff used every trick in the book to "flagrantly and repeatedly abuse" the bankruptcy court proceedings.

Ray Nagin's Call for New Trial Is 'Meritless,' 5th Cir. Rules

Remember former New Orleans Mayor Ray Nagin? He was chared and convicted of corruption charges in 2014 and is currently serving his sentence in federal prison in Texas.

The Court of Appeals for the Fifth Circuit ruled against Nagin, essentially laughing off his calls for a new trial based on incorrect jury instructions. The circuit called this claim "meritless."