Tag: compassionate release

April 3, 2023, opinions

April 4, 2023

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

March 17, 2023, opinions

March 20, 2023

Designated for publication Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to … More March 17, 2023, opinions

March 3-6, 2023, opinions

March 7, 2023

Designated for publication per curiam (Wiener, Elrod, Engelhardt), immigration Denying Mexican citizen’s petition for review of BIA order issuing a final order of removal after IJ’s decision that he was ineligible for asylum because of a conviction of Texas aggravated robbery. Petitioner had been a lawful permanent resident of the U.S. since 2003. In 2014 … More March 3-6, 2023, opinions

February 14, 2023, opinions

February 15, 2023

Designated for publication Ho, J. (Graves, Ho, Duncan), qualified immunity Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences. The Court held that, while the detention of inmates past the end of their sentences violates … More February 14, 2023, opinions

February 13, 2023, opinions

February 14, 2023

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

February 10, 2023, opinions

February 13, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), sec. 1983 Affirming summary judgment dismissal of plaintiff’s sec. 1983 deliberate indifference and state-law tort claims arising from the prison suicide of the father of her children. Unpublished per curiam (Graves, Ho, Duncan), foreclosure Affirming dismissal of claims arising from mortgage foreclosure. per curiam (Stewart, Dennis, Southwick), … More February 10, 2023, opinions

February 1, 2023, opinions

February 2, 2023

Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions

January 18-19, 2023, opinions

January 20, 2023

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

January 17, 2023, opinions

January 18, 2023

Designated for publication Oldham, J. (Higginbotham, Jones, Oldham), Higginbotham, J., concurring; criminal, compassionate release Affirming denial of motion for compassionate release, holding that the defendant’s arguments instead should have been made on direct appeal or in habeas through a § 2255 petition. Defendant had been convicted of three cocaine distribution counts and one count of … More January 17, 2023, opinions