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

Federal Election Campaign Act Challenge and Criminal Matter

In In re: Cao, No. 10-30080, an action brought by the national political party committee of the Republican Party claiming that certain provisions of the Federal Election Campaign Act (FECA) violated plaintiffs' right to free speech under the First Amendment, the court affirmed judgment for defendant FEC where each of the challenged FECA provisions constituted a constitutionally permissible regulation of political parties' campaign contributions and coordinated expenditures.

In Rocha v. Thaler, No. 05-70028, a capital habeas matter, the court affirmed the denial of petitioner's habeas petition where 1) petitioner did not contend that his full confession was anything but knowing and voluntary, and thus evidence on that issue would have been irrelevant; 2) the identity of state and federal law in this case rendered meaningless any search for an independent and adequate ground; and 3) suppression would upend the state courts' determination that petitioner knowingly and voluntarily confessed and did not desire an attorney.

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