Designated for publication Higginson, J. (Higginson, Willett, Oldham), criminal, sentencing Affirming 80-month sentence on guilty-plea conviction of possession of a firearm by a felon, which rejected a reduction for acceptance of responsibility and applied an upward adjustment from the Guidelines sentence on the basis of criminal history and likelihood of recidivism. Southwick, J. (Barksdale, Southwick, … More July 22, 2024, opinions
Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Barksdale, Engelhardt, Wilson), immigration Denying Honduran citizen’s petition for review of BIA order denying his motion for reopening and reconsideration.
Designated for publication Jones, J. (joined by Richman, C.J., and Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., with Haynes and Ramirez, JJ., concurring in judgment only); Dennis, J., dissenting (joined by King, Stewart, Graves, Higginson, Douglas, JJ.); voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity On en banc rehearing of Aug. 4, … More July 18, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, 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 June 2024 opinion statistics
Designated for publication Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status. … More June 28, 2024, opinions
Designated for publication Ramirez, J. (Elrod, Duncan, Ramirez); Elrod, J., dissenting; insurance Affirming dismissal of plaintiff’s claim for business-interruption coverage for losses arising from COVID-19. “BSW characterizes the Policy’s language as unique because it ‘covers “physical loss or damage” caused by communicable disease,’ which makes the coverage ‘broader than a typical policy.’ But as stated, … More June 27, 2024, opinions
Designated for publication Smith, J. (Smith, Graves, Wilson); Graves, J., dubitante; § 1983, amendment Affirming denial of untimely motion to amend, where § 1983 plaintiff failed to adequately explain the justification for his untimeliness. Judge Graves filed a dubitante opinion. “I agree that Banks failed to give an adequate excuse for his failure to diligently … More June 26, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
Unpublished per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal, coram nobis Dismissing as frivolous appeal from denial of motion to reconsider order denying writ of coram nobis.
