I am special counsel at Fishman Haygood LLP, focusing on appeals in all matters, as well as litigation in environmental land-damage, coastal land-loss, and complex commercial matters. I am also a writer, and I'm the managing editor of literary journal The Peauxdunque Review.
Designated for publication Duncan, J. (Haynes, Duncan, Ramirez) (oral argument), sec. 1983 Affirming dismissal of claims of family of man who died during self-defense exercise in police cadet training. The court affirmed the district court’s dismissal of all § 1983 claims brought by Brittney Kennedy on behalf of her late husband, Marquis Kennedy, who suffered … More February 4-5, 2026, opinions
Designated for publication per curiam (Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez) (oral argument), Haynes, J., concurring (joined by Southwick and Douglas); administrative law, en banc In the first of the en banc opinions released from the January 2026 en banc sitting, exactly as we … More February 3, 2026, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas) (oral argument), Oldham, J., dissenting; maritime law Affirming issuance of maritime lien against vessel to secure payment for marine fuel oil bunkers. The dispute centers on an unpaid delivery of marine fuel (“bunkers”) to the Liberian-flagged cargo vessel ARGOS M. Three Fifty Markets, a UK-based commodity trading … More February 2, 2026, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More January 2026 opinion statistics
Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, search and seizure Affirming conviction of possession with intent to distribute cocaine, upholding denial of motion to suppress. per curiam (Richman, Engelhardt, Wilson) (oral argument withdrawn), Title VI, sec. 1983 Affirming dismissal of claims by student dismissed from medical school for unsatisfactory academic performance. … More January 30, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), coram nobis Affirming denial of writ of coram nobis seeking vacatur of conviction for wire fraud and bank fraud and or restitution award on basis of IAC. Eugene Lockhart, who pleaded guilty to wire and bank fraud and was sentenced to 54 months in prison … More January 29, 2026, opinions
Unpublished decisions per curiam (Higginbotham, Ho, Douglas) (no oral argument), criminal, jury instructions, sentencing, sufficiency of evidence Affirming 84-month sentence and conviction of one count of conspiracy to distribute a controlled substance and six counts of unlawful distribution of a controlled substance. per curiam (Wiener, Engelhardt, Oldham) (no oral argument), Oldham, J., dissenting; criminal, compassionate … More January 28, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), insurance, jurisdiction Remanding appeal from denial of motion to compel arbitration to district court to consider motions pending in case in light of holding that court lacks subject-matter jurisdiction due to inapplicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to … More January 27, 2026, opinions
Unpublished Decisions per curiam (Wiener, Willett, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Willett, Wilson) (no oral argument), criminal, sentencing Affirming sentence on conviction of conspiracy to commit bank fraud. per curiam (Elrod, Smith, Wilson) (oral argument), § 1983 Affirming summary judgment on survivorship claims arising … More January 23-26, 2026, opinions
Even with one of the en banc arguments canceled and the appeal dismissed for mootness, this was still an en banc sitting for the Fifth Circuit record books. Seven cases heard in six en banc arguments (the two 10 Commandments cases having been consolidated for oral argument only), and on a holiday-shortened week, at that. … More All the January Fifth Circuit En Banc Observations
