Fifth Circuit Case Summary

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THE SUPREME COURT CERT PETITION

Why the billing amount is justified for the cert petition:

1. An introductory practical notation: because it was in the best interests of the client and her case, the time and resources normally devoted to the rehearing process in the Fifth Circuit were shifted entirely to filing a Supreme Court petition.

This decision was made based on Rubio’s posture in the case, and what counsel believed in his professional opinion was the best course of action for the client. Further, given the Fifth Circuit’s decision to decision to cancel oral argument, and its decision to affirm the case in a summary manner contained within its nine-page opinion, counsel decided after careful review of Rubio’s posture that efforts were better focused on filing a Supreme Court petition than
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A deeper focus and analysis on the Fifth Circuit’s jurisprudence in this area was required. The analysis focused on the past history of how the Fifth Circuit approached sufficiency arguments, and how its approach had shifted to the present (with Rubio’s case as the newest example). See footnote 3 and 4, and the enormous research required (footnote 4 as roughly 36 or more cases firming up a consistent pattern of Jackson’s application in sufficiency cases). By extension, additional time was necessary to detail how and why the Fifth Circuit had shifted in its application of Jackson over time.

After United States v. Vargas-Ocampo, 747 F.3d 299, 301 (5th Cir. 2014), the Fifth Circuit adopted a near summary affirmance in sufficiency of the evidence cases, which has eroded the legal standard of proof beyond a reasonable doubt required on each element of an offense to support a conviction. Thompson v. City of Louisville, 362 U.S. 199, 201 (1960); In re Winship, 397 U.S. 358

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