Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Higginson), Higginson, J., dissenting; product liability Reversing denial of judgment as a matter of law after jury verdict for plaintiff in manufacturing defect case arising from plaintiff’s injury while using propane tank manufactured by defendant, finding insufficient evidence to support the jury verdict, and rendering JMOL for defendant. … More March 21, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), habeas corpus Affirming district court judgment granting sec. 2241 petition on holding that Louisiana state prisoner had a state-created liberty interest in parole that had been granted under Louisiana law, in suit arising from rescission of that parole just prior to its effective date. The Court first … More October 23, 2023, opinions
Unpublished per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Dennis), deceptive trade practices, timeliness Affirming dismissal of deceptive trade practices and fraud claims as barred by the relevant Texas statutes of limitation, in claim arising from restoration or replication of 1959 Maserati race car. per … More September 12, 2022, opinions
Designated for publication Knight v. Kirby Offshore Marine Pacific, LLC, 19-30756, appeal from E.D. La. Barksdale, J. (Barksdale, Elrod, Ho); Ho., J., concurring; Elrod, J., dissenting; Jones Act, contributory negligence Affirming in part and vacating in part district court judgment that defendant employer was negligent for vessel captain ordering seaman plaintiff to replace stern line … More Take the Fifth: Dec. 17, 2020 opinions
