Tag: Fourteenth Amendment

August 24, 2022, opinions

August 25, 2022

Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions

August 17-18, 2022, opinions

August 19, 2022

Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions

June 13-15, 2022, opinions

June 17, 2022

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication U.S. v. Hamilton, 20-20645, appeal from S.D. Tex. Higginson, J. (Higginson, Willett, Ho), criminal, sentencing, sufficiency of evidence Affirming conviction of conspiracy to commit healthcare fraud, in violation of 18 … More June 13-15, 2022, opinions

June 17, 2021 opinions

June 18, 2021

Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions

Take the Fifth: Feb. 23, 2021 opinions

February 24, 2021

Designated for publication U.S. v. Dejean, 19-30865, appeal from E.D. La. Duncan, J. (Clement, Ho, Duncan), criminal, juror bias Affirming jury-trial conviction of defendant for mail fraud and making false statements to a bank; rejecting defendant’s argument that district court erred in seating a juror who allegedly was biased against gamblers, where defendant used the … More Take the Fifth: Feb. 23, 2021 opinions