Category: Take the Fifth

November 1, 2023, opinions

November 2, 2023

Unpublished per curiam (Jones, Southwick, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Wilson), criminal, compassionate release Affirming denial of motion … More November 1, 2023, opinions

October 30-31, 2023, opinions

November 1, 2023

Designated for publication Higginson, J. (Smith, Higginson, Willett), habeas corpus Affirming denial of § 2254 petition challenging the sufficiency of evidence on his Louisiana conviction of juvenile molestation. Elrod, J. (Clement, Elrod, Willett), breach of fiduciary duty, offset Affirming damages award on breach of fiduciary duty claim by company against its former operations supervisor, but … More October 30-31, 2023, opinions

October 24, 2023, opinions

October 25, 2023

Unpublished per curiam (Jones, Stewart, Duncan), criminal, sentencing, compassionate release Affirming 240-month sentence on conviction of conspiracy to possess 280 grams or more of cocaine base with intent to distribute, and affirming denial of motion for compassionate release. per curiam (Jones, Stewart, Duncan), criminal, sentencing Affirming conviction and sentence arising from a string of armed … More October 24, 2023, opinions

October 23, 2023, opinions

October 24, 2023

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), habeas corpus Affirming district court judgment granting sec. 2241 petition on holding that Louisiana state prisoner had a state-created liberty interest in parole that had been granted under Louisiana law, in suit arising from rescission of that parole just prior to its effective date. The Court first … More October 23, 2023, opinions

October 20, 2023, opinions

October 23, 2023

Designated for publication Southwick, J. (Richman, Southwick, Oldham), toxic tort, recusal Affirming district court judge’s denial of motion to disqualify himself from cases arising from Deepwater Horizon spill. The Court held that the district court judge’s former partnership in a law firm that represented a former defendant in the claims that had been found not … More October 20, 2023, opinions

October 19, 2023, opinions

October 23, 2023

Unpublished per curiam (Wiener, Stewart, Douglas), prisoner suit Affirming summary judgment dismissal of jail detainee’s § 1983 claims. per curiam (Stewart, Graves, Oldham), appellate jurisdiction Dismissing as frivolous appeal from 2012 summary judgment. per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing Affirming sentence on conviction of possessing a counterfeit mail key. per curiam (Higginbotham, Smith, Elrod), … More October 19, 2023, opinions

October 18, 2023, opinions

October 19, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions

October 16-17, 2023, opinions

October 18, 2023

Designated for publication deGravelles, J. (Haynes, Engelhardt, deGravelles, by designation), maritime law, punitive damages Affirming the judgment after a bench trial that defendant had wrongfully arrested and detained the plaintiff’s vessel after ramming it and preventing its departure from the defendant’s shipyard for five days, that punitive damages were justified, and that prejudgment interest was … More October 16-17, 2023, opinions