Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions
Designated for publication Engelhardt, J. (Graves, Engelhardt, Oldham), Graves, J., dissenting; Americans with Disabilities Act Affirming dismissal of former employee’s ADA claims on the pleadings. The Court held that Turner cannot establish a prima facie case of disability discrimination under the ADA because he failed to demonstrate that he was “qualified” for the job, having … More May 14, 2025, opinions
Designated for publication Ramirez, J. (Richman, Graves, Ramirez), Richman, J., dissenting; labor law, appellate jurisdiction The Court dismissed Amazon’s appeal of what it argued was a constructive denial of its motion for temporary restraining order or preliminary injunction of the NLRB’s Bargaining Case proceeding, for lack of appellate jurisdiction on the basis that there was … More May 6, 2025, opinions
Opinions designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), criminal, sentence reduction Affirming denial of motion for sentence reduction. Higginson, J. (Smith, Higginson, Douglas), criminal, sentencing, sufficiency of evidence Affirming convictions and sentences for conspiracy to import and importation of methamphetamine. Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentencing Affirming sentence on conviction of … More April 29, 2025, opinions
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opinions; then, an explanation for the six-week pause in the daily summaries and a couple public service announcements: Unpublished opinions per curiam (King, Jones, Oldham), bankruptcy Affirming dismissal of putative creditor’s adversary claim challenging bankruptcy court’s discharge of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
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
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
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
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Elrod, Ho, JJ.); Oldham, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Duncan, Engelhardt, Wilson, JJ.); Ho, J., dissenting from denial … More February 26, 2025, opinions
Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Jones, Willett), Willett, J., concurring in judgment only; breach of contract, antitrust, recusal, diversity jurisdiction Dismissing as frivolous appeal from judgment denying motion to remand and judgment dismissing breach of contract and antitrust claims, among other claims, … More February 24, 2025, opinions
