Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Perry, 17-30610, c/w U.S. v. Price, 17-30611, appeal from E.D. La. Higginson, J. (Jones, Higginson, Duncan), criminal, sufficiency of evidence, Batson … More May 12, 2022, opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions
Designated for publication Vazquez-Guerra v. Garland, 18-60828, petition for review of BIA order Ho, J. (Smith, Graves, Ho), immigration Denying petition for review of Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order denying asylum and withholding of removal for her and her minor daughter based on an expressed fear that … More July 29, 2021 opinions
Designated for publication Seals v. Vannoy, 19-30447, appeal from E.D. La. Barker, J. (by desig.) (Smith, Ho, Barker), habeas corpus, Batson challenge Affirming denial of habeas relief on Batson challenge basis. The Court held that the state appellate court had not unreasonably applied clearly established federal law in reviewing petitioner’s Batson challenge when it considered … More June 15, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Take the Fifth 