Take the Fifth

September 24, 2026, opinions

September 25, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. Defendant Rollie Andre Lott appealed his 18-month supervised-release revocation sentence, arguing that the district court improperly relied on a retributive factor—his “lack of respect for the law”—which is excluded from the permissible sentencing considerations under … More September 24, 2026, opinions

September 22-23, 2026, opinions

September 24, 2026

Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions

September 18-21, 2026, opinions

September 22, 2026

Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), criminal, guilty plea, sentencing On remand from U.S. Supreme Court, dismissing appeal under appeal-waiver of plea agreement. Devin Chaney pleaded guilty to Hobbs Act Robbery (18 U.S.C. § 1951(a)) and Armed Bank Robbery (18 U.S.C. § 2113(a) and (d)), and in his plea agreement … More September 18-21, 2026, opinions

September 17, 2026, opinions

September 18, 2026

Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument), First Amendment, standing, mootness Affirming permanent injunction against restriction on film projection, reversing dismissal on standing grounds of plaintiff’s facial overbreadth challenge, and remanding for further proceedings. University of Mississippi film professor John Rash sought to host PROJECT(ion), a free nighttime public art event projecting … More September 17, 2026, opinions

September 15-16, 2026, opinions

September 17, 2026

Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions

September 14, 2026, opinions

September 15, 2026

Designated for publication per curiam (en banc) (no oral argument at panel stage), criminal, Second Amendment, en banc Vacating May 20, 2026, panel opinion (per curiam — Haynes, Ho, Oldham; Ho, J. and Oldham, J., each separately concurring), and granting petition for rehearing en banc. Panel opinion had affirmed conviction of possession of a firearm … More September 14, 2026, opinions

September 11, 2026, opinions

September 14, 2026

Designated for publication Richman, J. (Richman, Higginson, Oldham) (oral argument), Oldham, J., dubitante; appellate jurisdiction, anti-SLAPP, defamation Affirming denial of motion to strike under Louisiana’s anti-SLAPP statute. Luke Sahs, a former student at Loyola University New Orleans, sued the university asserting defamation and related claims after a series of events stemming from a school-sponsored trip … More September 11, 2026, opinions

September 10, 2026, opinions

September 11, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Graves, Haynes) (oral argument withdrawn); Haynes, J., dissenting in part; criminal, sentencing Vacating sentence and remanding for resentencing. Hendrickson was convicted of felon-in-possession of a firearm after he was shot five times by … More September 10, 2026, opinions

September 9, 2026, opinions

September 10, 2026

Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho) (oral argument prior to certification to state supreme court), statutory immunity, personal tort Upon receiving state supreme court opinion after June 25, 2025, certification of question regarding statutory immunity, reversing district court’s ruling that defendant had immunity and remanding for further proceedings. The Breauxs and the Blanchards … More September 9, 2026, opinions

September 8, 2026, opinions

September 9, 2026

Designated for publication Graves, J. (Stewart, Graves, Oldham) (oral argument), Oldham, J., dissenting; magistrate referral, recusal Affirming vacatur of referral to magistrate for trial of contractual dispute between port and wharf tenant after trial had already resulted in verdict for plaintiff tenant company. IFG Port Holdings sued the Lake Charles Harbor & Terminal District (the … More September 8, 2026, opinions

Opinions and Developments from the U.S. 5th Circuit Court of Appeals

Category: Take the Fifth