Designated for publication Clement, J. (Smith, Clement, Wilson), insurance Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses. Unpublished per curiam (Jones, Haynes, Oldham), criminal, restitution Affirming denial of writ of coram nobis as a collateral attack on restitution order. per curiam (Stewart, Dennis, Willett), prisoner suit Affirming dismissal … More April 18, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser. Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution Affirming $75,000 restitution award as … More April 17, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting in part; qualified immunity Dismissing for lack of appellate jurisdiction officers’ appeal of denial of qualified immunity summary judgment on plaintiff’s excessive force claim against one officer, false arrest claim against four officers, and fabrication of evidence claim against another officer, arising from the … More March 9-10, 2023, opinions
Designated for publication Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring; trademark infringement, sovereign immunity Affirming summary judgment dismissal of plaintiff’s trademark claims arising from reading-incentive program against county school district; and affirming on alternative grounds to the sovereign immunity grounds relied on by the trial court the dismissal of plaintiff’s trademark claims against nonprofit … More March 8, 2023, opinions
Unpublished per curiam (Stewart, Willett, Douglas), habeas corpus Dismissing as frivolous appeal from denial of sec. 2241 petition. per curiam (Smith, Southwick, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Dennis, Willett), criminal, sufficiency of evidence, sentencing Affirming sentence and convictions for conspiracy to possess with intent to distribute 50 … More March 7, 2023, opinions
Unpublished per curiam (Richman, Barksdale, Duncan), unfair trade practices, § 1983 Affirming in part and dismissing for lack of jurisdiction in part appeal from dismissal of dentist’s claims against members of the state dentistry board and individuals who had assisted the board in an alleged conspiracy to deprive the plaintiff of his dental license. per … More March 2, 2023, opinions
Designated for publication per curiam; Elrod, J., concurring in denial of en banc rehearing (joined by Willett, Duncan, Wilson); Ho, J., dissenting from denial of rehearing en banc; criminal, First Amendment Denying en banc rehearing from August 23, 2022, panel opinion that vacated convictions for bribery concerning a local government receiving federal benefits and conspiracy … More February 17, 2023, opinions
Designated for publication Jones, J. (Jones, Southwick, Oldham), § 1983, qualified immunity Affirming dismissal of claims arising from conviction and thirty years of incarceration for capital murder and subsequent release of original plaintiff upon determination that someone else committed the murder. District court dismissed claims under 12(b)(6) against the DA and former coroner upon finding … More February 15, 2023, opinions
