Designated for publication Oldham, J. (Willett, Engelhardt, Oldham), insurance, diversity jurisdiction Remanding appeal of summary judgment in favor of insurer regarding coverage for Covid-related shutdown of music festival, for purposes of determining the existence of diversity jurisdiction where the record did not adequately document the citizenship of LLC parties to the litigation. The Court noted … More October 5, 2023, opinions
Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Designated for publication Jones, J. (Jones, Clement, Haynes), Haynes, J., dissenting in part; diversity jurisdiction, sanctions Affirming dismissal of third-party claims as sanction for party’s deliberate “hiding of the ball” on L.L.C. citizenship/jurisdictional facts. The Court held that the district court’s power to issue a case-dispositive sanction fell within its collateral jurisdiction. The Court summed … More September 12, 2023, opinions
Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), Graves, J., dissenting in part; Americans with Disabilities Act, due process Although disagreeing with the district court that an administrative exhaustion requirement applied to mother’s ADA and due process claims after her special needs child was tased by a school resource officer while child was physically struggling … More August 28, 2023, opinions
Designated for publication Haynes, J. (Haynes, Engelhardt, deGravelles, by designation), § 1983, sovereign immunity, Ex parte Young Vacating judgment after bench trial in favor of plaintiff on his due process claim arising from Texas state officials’ notification of him that he would have to register as a sex offender under Texas law, and remanding with … More August 24, 2023, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Oldham), Oldham, J., dissenting; habeas corpus, prosecutorial misconduct, ineffective assistance of counsel Reversing in part and affirming in part denial of § 2255 petition; reversing district court’s application of procedural bar to claim of breach of plea agreement by Assistant U.S. Attorneys, but affirming disposition of IAC claim. … More August 17, 2023, opinions
Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions
