Tag: criminal

September 8-11, 2023, opinions

September 12, 2023

Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions

September 6, 2023, opinions

September 7, 2023

Designated for publication Graves, J. (Richman, Haynes, Graves), trademark infringement Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings. The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were … More September 6, 2023, opinions

September 1-5, 2023, opinions

September 6, 2023

Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions

August 30-31, 2023, opinions

September 5, 2023

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

August 29, 2023, opinions

August 30, 2023

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas), legislative privilege, appellate jurisdiction, standing Vacating August 25, 2023 panel opinion (which had been substituted for withdrawn MAy 10, 2023 panel opinion), and ordering en banc rehearing of district court’s order that Mississippi legislators must provide a … More August 29, 2023, opinions

August 28, 2023, opinions

August 29, 2023

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

August 25, 2023, opinions

August 28, 2023

Designated for publication Ho, J. (Jones, Ho, Wilson), administrative law, standing Granting petition for review of NRC order, and vacating license for temporary storage for spent nuclear fuel, holding that the NRC does not have authority under the Atomic Energy Act to license temporary nuclear waste storage facilities. The Court first held that the petitioners … More August 25, 2023, opinions

August 24, 2023, opinions

August 25, 2023

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

August 23, 2023, opinions

August 24, 2023

Designated for publication per curiam (Richman, Jones, Stewart, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Douglas, JJ., voting against rehearing; Smith, Elrod, Ho, JJ., voting for rehearing); Ho, J., dissenting from denial of rehearing en banc (joined by Smith, J.); § 1983 Denying rehearing en banc of panel opinion that affirmed dismissal of § 1983 … More August 23, 2023, opinions

August 22, 2023, opinions

August 23, 2023

Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), toxic tort, jurisdiction, timeliness Affirming denial of remand on the basis of improper joinder of nondiverse defendants; but reversing dismissal of wrongful death claim and vacating denial of leave to amend for fear of cancer claims, arising from defendants’ facility’s emissions of toxic levels of ehtylene oxide. … More August 22, 2023, opinions