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

February 5, 2025, opinions

February 12, 2025

Unpublished per curiam (Higginbotham, Willett, Ho), breach of contract Affirming summary judgment for defendant helicopter manufacturer on breach of contract, breach of implied duty, and quantum meruit claims by helicopter sales company. per curiam (Wiener, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion … More February 5, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 31, 2025, opinions

February 1, 2025

Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions

January 30, 2025, opinions

January 31, 2025

Designated for publication Jones, J. (Elrod, Jones, Barksdale), Second Amendment Reversing district court’s judgment that a 1968 federal statute prohibiting sale of handguns to 18- to 20-year-old adults was not unconstitutional and finding the ban is unconstitutional under the Second Amendment; overruling Court’s precedent from National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms, … More January 30, 2025, opinions

January 29, 2025, opinions

January 30, 2025

Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., dissenting; insurance Affirming summary judgment for insurer on dispute over interpretation of flood deductible provision in builder’s risk insurance policy. The Court held that the district court did not err in resolving the ambiguity in summary judgment review of extrinsic evidence where the insured had … More January 29, 2025, opinions

January 28, 2025, opinions

January 29, 2025

Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 2025, opinions