Category: Take the Fifth

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

Annual Statistics: October 2022 – September 2023

October 3, 2023

At the end of each month, we tally various statistics from opinions released by the U.S. Court of Appeals for the Fifth Circuit. Then, corresponding to the traditional court term start date of October 1 (using the court term employed by the Supreme Court, though the Fifth Circuit itself compiles statistics on a July-to-June year), … More Annual Statistics: October 2022 – September 2023

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

September 27, 2023, opinions

September 28, 2023

Designated for publication Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right Appellate counsel from Fishman Haygood represented prevailing party. Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act. The Court affirmed the district court’s holding … More September 27, 2023, opinions

September 26, 2023, opinions

September 28, 2023

Designated for publication Duncan, J. (Duncan, Wilson, Schroeder, by designation), criminal, attorney-client privilege Affirming convictions of defendant on numerous drug offenses related to ownership of pharmacy that was essentially an illegal pill mill; upholding use of audio recordings by the prosecution (though not used at trial) that defendant asserted intruded into his privileged conversations with … More September 26, 2023, opinions

September 25, 2023, opinions

September 26, 2023

Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions

September 22, 2023, opinions

September 25, 2023

Unpublished per curiam (Jones, Stewart, Duncan), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claims. per curiam (Jolly, Dennis, Higginson), False Claims Act, qui tam Affirming in part and reversing in part dismissal of False Claims Act qui tam claims against housing authority and property management companies for federal housing regulations violations and … More September 22, 2023, opinions

September 19, 2023, opinions

September 20, 2023

Designated for publication per curiam (9 judges against rehearing: Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Douglas; 7 judges for rehearing: Richman, Jones, Smith, Ho, Duncan, Oldham, Wilson), Smith, J., dissenting from denial of rehearing; criminal, search and seizure Denying en banc rehearing of May 10, 2023, panel opinion that vacated defendant’s conviction for … More September 19, 2023, opinions