Joanna Burke, et vir v. Deutsche Bank National Trust Company
Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate decisions that commit clear error and, if followed, would work a manifest injustice.
Whether the US District Court correctly concluded that the Court of Appeals for the Fifth Circuits' decision in the prior appeal was clearly erroneous to the extent it upheld an assignment by an entity purporting to act solely as a "nominee" for a dissolved principal with unknown successors.
Whether admitted and obvious Lender Income Fraud and Forgery on a Mortgage Application is exempt from the definition of 'Predatory Lending' as defined on the Department of Justice website and in the Texas Penal Code § 32.21(a)(1)(A), can be excluded from 'de novo' review by the Panel [s].
Whether the Fifth Circuit Court of Appeals is bias. See 28 U.S. Code § 453 & 455.
In Marshall v. Jerrico, Inc., 100 S. Ct. 1610 (1980), the Supreme Court of the United States said, "The Due Process Clause entitles a person to an impartial and disinterested tribunal in both civil and criminal cases. . . The neutrality requirement helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception of the facts or the law. At the same time, it preserves both the appearance and reality of fairness . . . "(p. 1613)
Whether the decision to change the Opinion from Unpublished to Published is warranted based on the Fifth Circuits manifest departure from the Supreme Court of Texas precedent by relying on an Erie Guess.
Whether the Court of Appeals for the Fifth Circuit correctly applied the well-established exception to the law-of-the-case doctrine for appellate decisions that commit clear error and, if followed, would work a manifest injustice