Category: Take the Fifth

April 24, 2025, opinions

April 25, 2025

Unpublished opinions per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Engelhardt, Guidry), criminal, sentencing Affirming sentence on conviction of illegal reentry. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing Affirming 24-month sentence on … More April 24, 2025, opinions

April 23, 2025, opinions; plus a couple PSAs

April 24, 2025

First, a return to the daily summaries of U.S. Fifth Circuit opinions; then, an explanation for the six-week pause in the daily summaries and a couple public service announcements: Unpublished opinions per curiam (King, Jones, Oldham), bankruptcy Affirming dismissal of putative creditor’s adversary claim challenging bankruptcy court’s discharge of debtor’s debts. per curiam (Smith, Stewart, … More April 23, 2025, opinions; plus a couple PSAs

March 10, 2025, opinions

March 11, 2025

Designated for publication per curiam (Elrod, Oldham, Wilson), Fair Housing Act, Rule 60(b), notice of appeal Affirming denial of landlord defendant’s Rule 60(b) motion after summary judgment for plaintiff tenant on claims of disability discrimination and retaliation under the Fair Housing Act, finding no abuse of discretion. The Court held that the original summary judgment, … More March 10, 2025, opinions

March 7, 2025, opinions

March 10, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal Affirming conviction of fraud and financial crimes arising from real-estate scheme, rejecting arguments that admission of prior-convictions evidence was plain error and that district court abused its discretion in limiting the good-faith defense and denying funding for expert witness. Smith, J. (Elrod, Smith, Engelhardt), … More March 7, 2025, opinions

March 5-6, 2025, opinions

March 10, 2025

Designated for publication per curiam (Smith, Clement, Duncan), social security Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date. Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly … More March 5-6, 2025, opinions

March 3-4, 2025, opinions

March 9, 2025

Designated for publication Elrod, C.J. (Elrod, Jones, Stewart), criminal, search and seizure Reversing grant of motion to suppress evidence from a house and vehicle, holding that the good-faith exception applied to overcome the bare-bones nature of the affidavit in support of the search warrant, and remanding for further proceedings. Southwick, J. (Southwick, Haynes, Douglas), Equal … More March 3-4, 2025, opinions

February 28, 2025, opinions

March 7, 2025

Designated for publication per curiam (voting against en banc rehearing: Elrod, Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Jones, Smith, Duncan, Engelhardt, Oldham, JJ.); Ho, J., concurring in denial of rehearing; criminal, sentencing, en banc Denying en banc rehearing of panel opinion (Elrod, Dennis, Higginson) … More February 28, 2025, opinions

February 27, 2025, opinions

February 28, 2025

Unpublished per curiam (Graves, Willett, Wilson), criminal Affirming conviction of possession of a firearm by a felon. Richman, J. (Stewart, Richman, Haynes), criminal, sufficiency of evidence Affirming conviction of making a false statement to a bank. per curiam (Smith, Clement, Duncan), employment Affirming summary judgment against plaintiff, upholding ruling that restrictive covenants in Employee Service … More February 27, 2025, opinions