Fifth Circuit Finds Evidence That One of Defendants Attorneys Slept During His Capital Murder Trial Insufficient to Prove Ineffective Assistance of Counsel

It’s often said that the ineffective assistance of counsel test is so tough to satisfy that even evidence that a defendant’s attorney slept during trial is insufficient to satisfy the standard. The latest example is Alvarez v. Guerrero, 2025 WL 3719047 (5th Cir. 2025).

In Alvarez, “Juan Carlos Alvarez was sentenced to death for the murders of Michael Aguirre and Jose Varela.” He later appealed, claiming that one of his two trial counsel slept during trial.

A majority … Read the rest

Climate Justice Denied: Ninth Circuit Dismisses Juliana v. United States

The environmental climate change case that has attracted the most attention, Juliana v. United States has come to an unceremonious end and all Americans should be concerned. On May 1, 2024, the Ninth Circuit Court of Appeals ordered, “The district court is instructed to dismiss the case forthwith for lack of Article III standing, without leave to amend.

Without regard to one’s perspective on the merits of the claims, the dismissal of this case after nearly a decade … Read the rest

Another federal agency challenges adverse ruling by 5th Circuit

Another federal agency challenges adverse ruling by 5th Circuit

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Next term the justices will hear the government’s appeal of a decision by the U.S. Court of Appeals for the 5th Circuit that found the funding mechanism for the Consumer Financial Protection Bureau unconstitutional. This week, we highlight cert petitions that ask the court to consider, among other things, whether … Read the rest