Category: Take the Fifth

February 19, 2025, opinions

February 24, 2025

Unpublished per curiam (Wiener, Higginson, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Graves, Oldham), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (King, Southwick, Engelhardt), criminal Affirming conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 275-month … More February 19, 2025, opinions

February 18, 2025, opinions

February 19, 2025

Designated for publication Duncan, J. (Dennis, Willett, Duncan), criminal, sentencing Affirming 240-month sentence on conviction of conspiracy to receive and distribute child pornography. The Court held “that (1) United States v. Halverson, 897 F.3d 645 (5th Cir. 2018), does not require a defendant to actually receive ‘valuable consideration’ in exchange for distributing child pornography under … More February 18, 2025, opinions

February 17, 2025, opinions

February 18, 2025

Unpublished per curiam (Richman, Douglas, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Southwick, Willett, Oldham), habeas corpus Dismissing as frivolous appeal from dismissal of § 2241 petition both as moot and for failure to exhaust administrative remedies. per curiam (Graves, Willett, Wilson), criminal, sentencing Affirming sentence on conviction of illegal … More February 17, 2025, opinions

February 14, 2025, opinions

February 17, 2025

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Dennis, Ho, Oldham), First Amendment, Administrative Procedure Act, summary judgment Vacating summary judgment dismissal of plaintiff’s challenge to Department of Defense prepublication approval/review procedures for manuscripts authorized by employees and former employees with security clearances. Summary judgment had … More February 14, 2025, opinions

February 13, 2025, opinions

February 14, 2025

Designated for publication per curiam (Davis, Smith, Higginson), jurisdiction, settlement agreement, foreclosure Affirming district court’s judgment that it lacked ancillary jurisdiction to enforce a settlement agreement where the parties had filed an unconditional Rule 41(a)(1)(A)(ii) stipulation of dismissal without a concurrent court order incorporating the agreement terms or expressly retaining jurisdiction over the agreement. Barksdale, … More February 13, 2025, opinions

February 12, 2025, opinions

February 14, 2025

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., dissenting; Eighth Amendment, Americans with Disabilities Act, appellate jurisdiction Dismissing state defendants’ appeal of judgment on liability on Eighth Amendment and ADA class claims on behalf of prisoners at the Louisiana State Penitentiary, and vacating stay of “Remedial Order” that contemplated further proceedings to determine … More February 12, 2025, opinions

February 11, 2025, opinions

February 12, 2025

Designated for publication per curiam (voting against rehearing: Jones, Smith, Richman, Southwick, Haynes, Willett, Duncan, Engelhardt, Wilson, JJ.; voting for rehearing: Stewart, Graves, Higginson, Douglas, Ramirez, JJ.; Elrod, Ho, Oldham, JJ., not participating in poll); Higginson, J., dissenting from denial of rehearing (joined by Stewart, Graves, Douglas, JJ.); sovereign immunity, contempt Denying rehearing en banc … More February 11, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions

February 7, 2025, opinions

February 12, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), bankruptcy Dismissing for lack of jurisdiction appeal from order reopening bankruptcy proceedings; and affirming dismissal of debtor’s claim to challenge foreclosure sale. Ho, J. (Ho, Duncan, Oldham), criminal, sentencing Affirming sentence based on calculation of criminal history points that included additional convictions and sentences entered against the … More February 7, 2025, opinions

February 6, 2025, opinions

February 12, 2025

Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions