Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), criminal, sentencing, guilty plea Dismissing appeal of supervised release conditions in sentence, on basis that appeal was barred by appeal-waiver in plea agreement. Jamie Hackney pleaded guilty to production and transportation of child pornography. Per his plea agreement, he waived his right to appeal his … More May 26, 2026, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Willett, Wilson) (no oral argument), jurisdiction, civil, amendment Vacating dismissal of pro se plaintiff’s civil action … More May 21, 2026, opinions
Designated for publication Jones, J. (Jones, Duncan, Douglas) (no oral argument), Americans with Disabilities Act Affirming dismissal of ADA claims. Albert Hayes worked as an IT systems administrator for Army contractor GStek at Fort Polk. After COVID-era telework ended and he was required to return to the office, Hayes was diagnosed with Autism, Major Depressive … More May, 8, 11, 12, 2026 opinions
Unpublished decisions per curiam (Richman, Southwick, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, sentencing Affirming imposition of mental health treatment condition in supervised release term as part of sentence, when there was no professional diagnosis—only the defendant’s self-reported anxiety and … More May 4, 2026, opinions
Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument), First Amendment, sec. 1983 Affirming dismissal of sec. 1983 claims arising from court’s limits on release of bail bond orders. Scott Martin operates Pronto Direct Mail Marketing, Inc., a company that for decades collected criminal defendants’ contact information from publicly available bail bond orders in … More April 22, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), Oldham, J., concurring; criminal, sentencing, party-presentation principle, Anders motion Presumably denying Anders motion, vacating 46-month sentence, and remanding for resentencing. “I do not object to the majority’s approach to this case. But I write separately to emphasize its implications for the so-called party-presentation principle. … More April 16, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), criminal, guilty plea Affirming conviction for illegal entry. Victor Alfredo Tovar-Martinez appealed his conviction for illegal reentry, contending his guilty plea was not knowing and voluntary because the district court failed to inform him during the Rule 11 colloquy that the statute applies only to … More April 14, 2026, opinions
Designated for publication Duncan, J. (Jones, Duncan, Douglas) (oral argument), breach of contract, insurance Affirming dismissal of claims under two sections of reinsurance agreement, but reversing dismissal of claim under a third section, and remanding for further proceedings. Porch.com’s subsidiary, Homeowners of America Insurance Co. (HOA), entered into a reinsurance-intermediary-authorization agreement (RIAA) with Gallagher, a … More April 2, 2026, opinions
