Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions
Designated for publication Duncan, J. (Haynes, Willett, Duncan), administrative law Granting stay pending review of DOT rule regulating airlines’ disclosure of fees to consumers during the booking process, and expediting review. (Judge Haynes would only grant a brief administrative stay so that the expedited merits panel could decide the issue of stay). The Court held … More July 26-29, 2024, opinions
Designated for publication Willett, J. (Dennis, Willett, Duncan), Duncan, J., concurring; removal, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from waiver-based remand order. “Edward Festeryga, an attorney embroiled in a dispute with his former law firm, wants this case heard in federal court and contends we have appellate jurisdiction over the district court’s … More July 25, 2024, opinions
Designated for publication Oldham, J. (joined by Jones, Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.); Elrod, J., concurring (joined by Ho, Engelhardt, JJ.); Ho, J., concurring; Stewart, J., dissenting (joined by Richman, Southwick, Haynes, Graves, Higginson, Douglas, JJ.); Higginson, J., dissenting (joined by Stewart, Southwick, Graves, Douglas, JJ.); nondelegation doctrine On en banc rehearing, … More July 24, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., concurring in judgment; criminal, sufficiency of evidence, timeliness, restitution Reversing conviction for bankruptcy fraud, but affirming conviction for tax evasion and order of restitution as condition of supervised release. The Court held that the defendant’s indictment for bankruptcy fraud should have been dismissed as untimely, … More July 23, 2024, opinions
Designated for publication Higginson, J. (Higginson, Willett, Oldham), criminal, sentencing Affirming 80-month sentence on guilty-plea conviction of possession of a firearm by a felon, which rejected a reduction for acceptance of responsibility and applied an upward adjustment from the Guidelines sentence on the basis of criminal history and likelihood of recidivism. Southwick, J. (Barksdale, Southwick, … More July 22, 2024, opinions
Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Barksdale, Engelhardt, Wilson), immigration Denying Honduran citizen’s petition for review of BIA order denying his motion for reopening and reconsideration.
Designated for publication Jones, J. (joined by Richman, C.J., and Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., with Haynes and Ramirez, JJ., concurring in judgment only); Dennis, J., dissenting (joined by King, Stewart, Graves, Higginson, Douglas, JJ.); voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity On en banc rehearing of Aug. 4, … More July 18, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions
