Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions
Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), criminal, sentencing, sufficiency of evidence, search and seizure Affirming convictions for money laundering, holding that sufficient evidence in the record supported the convictions, upholding denial of motion to suppress, finding no abuse of discretion in application of sentencing enhancements, and finding no abuse of discretion in denial … More April 23, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication Stewart, J. (Richman, Stewart, Dennis), habeas corpus Affirming district court’s dismissal of second-in-time § 2254 petition as a successive habeas petition, rejecting argument that the fact that the appeal of the denial of the petitioner’s first-in-time § 2254 petition was still pending made his second-in-time petition merely an amendment of the first-in-time … More April 12-15, 2024, opinions
Designated for publication per curiam (Clement, Haynes, Oldham), Equal Protection Clause Affirming summary judgment dismissal of plaintiff’s Equal Protection Clause claims arising from being struck during jury voir dire. Based on the summary judgment evidence, the Court held that the plaintiffs “cannot show the Caddo Parish prosecutors dismissed them solely by reason of their race.” … More April 11, 2024, opinions
Designated for publication Willett, J. (Elrod, Willett, Duncan), employment, whistleblower, retaliation When a plaintiff brings a claim against the government and its employees for tortious conduct under the MWPA, is that claim subject to the procedural requirements of the MTCA? Higginson, J. (Wiener, Haynes, Higginson), insurance Affirming summary judgment for defendant insurer on claims for … More April 10, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), immigration Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction. The Court held, under the Immigration and Naturalization … More April 9, 2024, opinions
Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions
