2025-2026 annual U.S. 5th Circuit addendum: The importance of getting oral argument

October 3, 2026

I posted my annual statistics for the October 2025 – September 2026 annual period yesterday from U.S. 5th Circuit decisions released in that period, but I left out one of the more interesting sets of statistics that I just started collecting in this last annual period: the shift in affirmance rates–and therefore in an appellant’s … More 2025-2026 annual U.S. 5th Circuit addendum: The importance of getting oral argument

Annual Statistics: October 2025 – September 2026

October 2, 2026

At the end of each month, we tally various statistics from opinions released by the U.S. Court of Appeals for the Fifth Circuit. Then, corresponding to the traditional court term start date of October 1 (using the court term employed by the Supreme Court, though the Fifth Circuit itself compiles statistics on a July-to-June year), … More Annual Statistics: October 2025 – September 2026

September 30, 2026, opinions

October 1, 2026

Designated for publication Duncan, J. (Duncan, Oldham, Wilson) (oral argument), Oldham, J., concurring in judgment; § 1981 Affirming summary judgment dismissal of § 1981 claims based solely on religious discrimination. Christian Brothers Automotive Corporation is a faith-based auto-repair franchisor that grants franchises only to professing Christians. All of its more than 250 franchisees—including at least … More September 30, 2026, opinions

September 29, 2026, opinions

September 30, 2026

Unpublished decisions per curiam (King, Higginson, Douglas) (no oral argument), criminal, search and seizure Affirming conviction for possession with intent to distribute cocaine, upholding denial of motion to suppress. At issue on appeal was whether a state trooper had reasonable suspicion to extend a traffic stop for a K-9 sniff of the defendant’s vehicle. Quintana … More September 29, 2026, opinions

September 25-28, 2026, opinions

September 29, 2026

Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), criminal, sentencing Affirming sentence on conviction of production of child pornography. At issue on appeal was (1) whether the district court abused its discretion in rejecting a Rule 11(c)(1)(C) plea agreement that called for 360 months of imprisonment — half the guidelines range — for … More September 25-28, 2026, opinions

September 24, 2026, opinions

September 25, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. Defendant Rollie Andre Lott appealed his 18-month supervised-release revocation sentence, arguing that the district court improperly relied on a retributive factor—his “lack of respect for the law”—which is excluded from the permissible sentencing considerations under … More September 24, 2026, opinions

September 22-23, 2026, opinions

September 24, 2026

Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions

September 17, 2026, opinions

September 18, 2026

Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument), First Amendment, standing, mootness Affirming permanent injunction against restriction on film projection, reversing dismissal on standing grounds of plaintiff’s facial overbreadth challenge, and remanding for further proceedings. University of Mississippi film professor John Rash sought to host PROJECT(ion), a free nighttime public art event projecting … More September 17, 2026, opinions