Designated for publication Engelhardt, J. (Graves, Willett, Engelhardt), criminal, jurisdiction, Miranda Reversing dismissal of indictments in international bribery and money laundering cases, and reversing granting of motion to suppress, and remanding for further proceedings. The Court first held that the district court erred in holding that it did not have jurisdiction over the cases based … More February 28, 2023, opinions
Designated for publication per curiam (Graves, Ho, Duncan), Duncan, J., concurring in judgment (joined by Ho, J.); criminal, supervised release After guilty plea to conviction of illegal reentry, with 27-month sentence, Court vacated supervised release condition that defendant self-deport if, after release from confinement, immigration officials decline to take custody of him and deport him. … More February 13, 2023, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions
Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions
Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions
Unpublished per curiam (Jones, Smith, Graves), intellectual property Affirming judgment in favor of Lisa Fodera declaring her the lawful owner of Julian Jackson’s 50% interest in the Ohio Players’ music rights. per curiam (Jones, Smith, Graves), immigration Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order denying motion for … More December 20, 2022, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Southwick, Engelhardt), jurisdiction, sanctions Affirming dismissal of suit for lack of federal question or diversity jurisdiction, but vacating sanction of pre-filing injunction as to future suits and remanding for considering less stringent sanctions or a sanction warning. … More December 12, 2022, opinions
Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Designated for publication Jones, J. (Jones, Southwick (Costa had been on panel but resigned before opinion released, so opinion is issued by a quorum of the panel)); bankruptcy Affirming dismissal of avoidance and recovery claims related to payments under a prior settlement agreement, but reversing dismissal of avoidance and recovery claims related to two payments … More October 7, 2022, opinions
