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

Hurricane Katrina-Related Insurance Matter, and Criminal Matter

In US v. McCann, No. 09-30550, the court of appeals affirmed defendant's conviction for being a felon in possession of a firearm, on the grounds that 1) the factual contents of the prosecutor's closing comments were limited to evidence that was in the record; 2) defendant's substantial rights were not prejudiced by an improper prosecutorial vouching for the credibility of the officers at issue; and 3) the district court did not err by refusing to exclude the evidence that defendant made a death threat against a witness.

Danos Marine Inc. v. Certain Primary Protection & Indemn. Underwriters, No. 09-30378, involved an action to recover costs of wreck removal from defendant-underwriters of a liftboat resulting from the capsizing and sinking of that vessel in the Gulf of Mexico during Hurricane Katrina.  The court of appeals reversed judgment for defendant on the ground that the costs of removing the wreck were covered under the policy at issue but the value of the salvage did not exceed those costs.

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