Designated for publication Duncan, J. (Richman, Haynes, Duncan), Administrative Procedures Act, preemption, healthcare law Affirming in part and reversing in part district court’s judgment that Title X of the Public Health Service Act violates the plaintiff’s constitutional right to consent to the provision of contraceptive care to his minor daughters and that a regulation promulgated … More March 11-12, 2024, opinions
Designated for publication Stewart, J. (Jones, Stewart, Duncan), labor law Denying in part and granting in part petition for review of NLRB decision that the petitioner’s RN Case Managers are not NLRA-exempt supervisors and that the petitioner violated the NLRA by creating an impermissible oral workplace rule, threatening employees who exercised protected activity, interrogating staff … More March 7, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions
Designated for publication Southwick, J. (Davis, Southwick, Ho), breach of contract Affirming summary judgment in favor of defendant on statute of frauds grounds, in claims arising from alleged breach of agreement to form limited liability company with defendant and plaintiff as co-owners rather than with defendant as sole owner. The Court held that the oral … More March 5, 2024, opinions
Designated for publication per curiam (Jones, Dennis, Douglas), immigration Denying Honduran citizen’s petition for review of BIA order denying motion to reopen removal proceedings for adjustment of status based on marriage to U.S. citizen. The Court held that the petitioner was never previously validly admitted to the U.S. as a nonimmigrant because, while he had … More March 4, 2024, opinions
Designated for publication Douglas, J. (Wiener, Willett, Douglas), Wiener, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming district court’s denial of § 2255 petition, holding that petitioner failed to show that he was prejudiced by his trial and appellate counsel’s performance in guilty-plea conviction of conspiracy to possess with intent to distribute 50 grams … More March 1, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Southwick, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson; voting for en banc rehearing: Stewart, Elrod, Haynes, Graves, Higginson, Douglas, Ramirez); Elrod, J., dissenting (joined by Stewart, Graves, Higginson, Douglas, JJ.); Douglas, J., dissenting (joined by Graves, Higginson, JJ., and by Elrod, J., as … More February 29, 2024, opinions
Unpublished per curiam (Jones, Barksdale, Elrod), Elrod, J., concurring; criminal, sentencing, sufficiency of evidence Affirming convictions and sentences on drug trafficking-related charges related to sales of drugs by defendants in one of the defendants’ nightclubs. Judge Elrod concurred, opining that, while the admission of certain testimony and a redacted statement were harmless error, they “nevertheless … More February 28, 2024, opinions
Designated for publication Jones, J. (Jones, Wilson, Douglas), Jones, J., concurring; habeas corpus, Brady violation, due process Denying motion for permission to file a successive § 2254 petition by capital inmate to urge Brady violations regarding potentially impeaching evidence as to testimony from the petitioner’s girlfriend and due process violations regarding the petitioner’s request for … More February 27, 2024, opinions
Designated for publication per curiam (Jolly, Engelhardt, Oldham), criminal, sentencing, Miranda Affirming conviction and 235-month sentence on drug and firearm offenses. The Court held that the district court did not err in denying a motion to suppress a non-Mirandized statement by the defendant upon his arrest that he had a handgun in his bedroom, because … More February 26, 2024, opinions
