August 29, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Jackson Municipal Airport Authority v. Harkins, 21-60312, appeal from S.D. Miss.
    • per curiam (Richman, Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas), legislative privilege, appellate jurisdiction, standing
    • Vacating August 25, 2023 panel opinion (which had been substituted for withdrawn MAy 10, 2023 panel opinion), and ordering en banc rehearing of district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege (affirmed by panel), and district court’s order that the legislative privilege is automatically waived for any documents shared with third parties (reversed by panel). The suit challenged a state law removing control of the Jackson-Medgar Wiley Evers Airport from the control of a locally-selected municipal airport authority to a “regional” airport authority with only two of nine members selected by the Jackson City Council, on Equal Protection grounds alleging that the reason for the new law was racially discriminatory; eight non-party state legislators refused to comply with a document subpoena on the basis of legislative privilege. The district court ordered the legislators to provide a privilege log and held that that any legislative privilege was waived as to all documents shared with third parties.
  • U.S. v. Armendariz, 22-50647, appeal from W.D. Tex.
    • Elrod, J. (King, Smith, Elrod), criminal, guilty plea, ineffective assistance of counsel
    • Affirming guilty-plea conviction of defendant for importation of a controlled substance, holding that her counsel’s warning that the guilty plea made it “very likely” that she would be deported–where in fact the conviction carried automatic deportation consequences–was sufficient advice to make an informed plea decision and therefore did not arise to the level of Sixth Amendment ineffective assistance of counsel.

Unpublished

  • Larpenter v. Vera, 22-30572, appeal from E.D. La.
    • per curiam (Haynes, Engelhardt, Saldana, by designation), qualified immunity, discretionary immunity, § 1983
    • Reversing immunity-based summary judgment dismissal of § 1983 claims against off-duty officer for injuries inflicted in physically removing plaintiff from mardi gras ball, but affirming summary judgment dismissal of wife’s claims for bystander and loss-of-consortium damages.
  • Esquivel v. Kendrick, 22-50979, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), § 1983
    • Affirming dismissal of plaintiff’s § 1983 claims arising from traffic stop.
  • The Atlantic Group, Inc. v. National Labor Relations Board, 22-60442, appeal from NLRB decision
    • per curiam (Higginbotham, Graves, Douglas), labor law
    • Enforcing NLRB decisions in full that found that appellant violated the National Labor Relations Act by laying off employees without notice to the union and by threatening employees with job-loss if they chose the union as their bargaining representative.
  • U.S. v. Mena, 23-10137, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Williams, 23-10189, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rodriguez, 23-10212, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ventura-Vasconcelos, 23-40059, appeal from S.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.