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.
Willett, J. (Elrod, Richman, Willett) (no oral argument), qualified immunity Vacating denial of qualified immunity summary judgment motion by defendant assistant medical examiner, and remanding for reconsideration under correct standard for deliberate indifference. Noel Dean sued Dr. Darshan Phatak under 42 U.S.C. § 1983, alleging that Phatak deliberately fabricated an autopsy report that helped lead … More December 23, 2025, opinions
Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), immigration Denying Mexican citizen’s petition for review of BIA’s order of removal. The Fifth Circuit denied Campuzano’s petition for review of the Board of Immigration Appeals (BIA) challenging his removal order. Campuzano, a Mexican citizen and lawful permanent resident, was placed in removal proceedings after … More December 22, 2025, opinions
Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions
Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions
Unpublished decisions per curiam (Dennis, Engelhardt, Wilson) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (King, Stewart, Higginson) (oral argument), qualified immunity, Heck bar, appellate jurisdiction, prisoner suit Dismissing Texas state inmate’s appeal of partial grant of summary judgment, for untimeliness of his notice of appeal; affirming holding that … More December 16, 2025, opinions
Designated for publication per curiam (King, Jones, Wilson) (oral argument), insurance, certification Affirming dismissal of claims against Uber’s insurer by Uber passenger for hit-and-run accident, on basis of Louisiana law allowing transportation network companies to reject uninsured motorist coverage; and denying motion to certify question to the Louisiana Supreme Court. The plaintiff, Santo Guerrera, sued … More December 15, 2025, opinions
Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions
Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions
Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument), criminal, sentencing Affirming 240-month sentence on convictions of wire fraud and money laundering. The defendant — Christopher Kirchner — was the co-founder and CEO of a logistics software startup. He diverted millions in investor funds to finance a lavish personal lifestyle rather than developing the … More December 8, 2025, opinions
