Designated for publication Graves, J. (Elrod, Graves, Higginson), sec. 1983, death penalty Affirming dismissal of Texas capital inmate’s sec. 1983 claim that Texas’s post-conviction relief procedures are unconstitutional, and denying motions for a stay of execution and for leave to file a successive habeas petition. Blaine Keith Milam was convicted in Texas of murdering his … More September 19, 2025, opinions
Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho), Ho, J., concurring; personal tort, statutory immunity “(1) Is an employee of a city of another state—working under an agreement for emergency assistance between that city and a Louisiana municipality—a ‘representative’ of the State of Louisiana or one of its political subdivisions within the meaning of La. … More June 25, 2025, opinions
Designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), personal tort, Federal Tort Claims Act Affirming judgment in favor of plaintiff in personal injury and death arising from an auto collision with a U.S. Postal Service vehicle that then caused the plaintiff to go forward and collide with his neighbor’s house. The Court analyzed a case … More May 16-18, 2025, opinions
Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Designated for publication U.S. v. Fackrell, 18-40598, appeal from E.D. Tex. Stewart, J. (Stewart, Duncan, Wilson), criminal, sentencing, death penalty Affirming convictions and death sentences of co-defendants for first-degree murder of fellow inmate in prison shanking to enforce rules of the Soldiers of Aryan Culture (“SAC”) prison gang. The Court held that the district court … More Take the Fifth: March 11, 2021 opinions
Designated for publication Lucio v. Lumpkin, 16-70027, appeal from S.D. Tex. 115 pages of opinions: Oldham, J., plurality op. of Court (joined by Owen, Jones, Smith, Ho, Duncan, Engelhardt, JJ.); Southwick, J., concurring (joined by Costa, Willett, JJ.); Higginbotham, J., dissenting; Elrod, J., dissenting (joined by Higginson, J.); Haynes, J., dissenting (joined by Higginbotham, Stewart, … More Take the Fifth: Feb. 9, 2021 opinions
Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions
