September 6, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Senn v. Lumpkin, 23-10661, appeal from N.D. Tex.
    • Oldham, J. (Ho, Duncan, Oldham), habeas corpus, Equal Protection Clause
    • Affirming denial of habeas relief on claim that life sentence for state conviction of sexual assault and prohibited sexual conduct with the petitioner’s intellectually disabled daughter violated the Equal Protection Clause.
  • Holmes v. Reddoch, 23-30424, appeal from E.D. La.
    • Wiener, J. (Wiener, Elrod, Wilson), sec. 1983
    • Affirming judgment on jury verdict in favor of plaintiff for sec. 1983 claims against sheriff deputy arising from arrest of plaintiff.
  • U.S. v. Nelson, 23-50449, appeal from W.D. Tex.
    • per curiam (Richman, Oldham, Ramirez); Oldham, J., concurring; Richman, C.J., dissenting in part; criminal, sentencing
    • Affirming 240-month sentence on conviction of visual depictions of sexual activities by minors, vacating internet-related special conditions of supervised release terms, and remanding for further proceedings.
    • Judge Oldham concurred to express concern about the Court’s precedents holding total internet bans to be per se unreasonable.
    • Chief Judge Richman dissented in part, as she would have found no harm in the difference between the orally pronounced supervised release terms and the written judgment supervised release terms, where the written judgment was less onerous than the orally pronounced terms.

Unpublished

  • Coomer v. Roth, 23-10845, appeal from N.D. Tex.
    • per curiam (Ho, Duncan, Oldham), prisoner suit
    • Affirming summary judgment dismissal of Texas state prisoner’s claims on the basis that they were time-barred.
  • Wunstell v. BP, p.l.c., 23-30859, appeal from E.D. La.
    • per curiam (Jones, Willett, Engelhardt), toxic tort
    • Affirming summary judgment dismissal of plaintiff’s claims arising from the Deepwater Horizon spill, and exclusion of causation expert.
  • Edwards v. Louisiana, 24-30085, appeal from M.D. La.
    • per curiam (Barksdale, Haynes, Wilson), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s sec. 1983 claims.
  • Pumphrey v. Triad Life Sciences, Inc., 24-60028, appeal from N.D. Miss.
    • per curiam (Jones, Willett, Engelhardt), arbitration
    • Reversing denial of motion to compel arbitration, holding that defendant had not waived its right to arbitration by moving to dismiss suit under 12(b)(6).