Designated for publication per curiam (Richman, Ho; Dennis on panel but not participating in this order) (oral argument at the merits stage), Ho, J., dissenting from denial of panel rehearing; municipal liability, qualified immunity, First Amendment Denying petition for panel rehearing of October 7, 2025, opinion that had affirmed qualified immunity dismissal of police officers … More January 13, 2026, opinions
Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions
Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions
Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), bankruptcy, jurisdiction, breach of contract Reversing bankruptcy court’s dismissal of breach of contract action, and remanding to bankruptcy court with instructions to remand to state court. The Fifth Circuit reverses a bankruptcy court’s Rule 12(c) dismissal and a district court affirmance, holding the bankruptcy court … More November 13, 2025, opinions
Designated for publication Engelhardt, J. (Wiener, Engelhardt, Oldham) (oral argument withdrawn), immigration Denying Guatemalan citizen’s petitions for review of BIA denials of his motion to reopen removal proceedings and motion to reconsider. The Fifth Circuit denied Oscar Rene Rosa Arevalo’s petitions for review of the Board of Immigration Appeals’ denials of his motions to reopen … More November 5, 2025, opinions
Designated for publication Willett, J. (Barksdale, Willett, Duncan) (oral argument), election law Affirming denial of preliminary injunction on plaintiff voters’ suit challenging as racially discriminatory a county commission’s redrawing of county precinct lines. The Fifth Circuit began by reaffirming that states and their political subdivisions hold primary constitutional authority to regulate elections, including the drawing … More October 29, 2025, opinions
Published decisions per curiam (Elrod, Jones, Higginson) (no oral argument), Higginson, J., dissenting; criminal, discovery, sealed records Granting unopposed motion for summary reversal of unexplained denial of joint unopposed motion for entry of modified protective order for production of criminal discovery records. Finding: “The dissent raises the concern that a reversal of the District Court’s … More October 23-24, 2025, opinions
Designated for publication King, J. (King, Smith, Douglas) (oral argument), criminal, sufficiency of evidence, Brady violation, witness testimony Affirming conviction of sex trafficking. The Fifth Circuit affirmed the conviction and 480-month sentence of Larry Odell Lewis for sex trafficking and coercion-and-enticement offenses involving four women he controlled as prostitutes between 2014 and 2017. The court … More October 21, 2025, opinions
Designated for publication Stewart, J. (Jones, Stewart, Ramirez) (oral argument), criminal, sufficiency of evidence, testimony, jury instruction Affirming conviction of bank fraud, conspiracy to commit bank fraud, and making false entries in bank records. A federal jury convicted Ashton J. Ryan, Jr.—former President/CEO of First NBC Bank and Chair of its Board—of conspiracy to commit … More October 17, 2025, opinions
