Tag: immigration

August 4, 2023, opinions

August 7, 2023

Designated for publication Dennis, J. (King, Jones, Dennis), Jones, J., dissenting, voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Reversing district court’s dismissal of plaintiff class’s Eighth Amendment challenge to Mississippi constitution’s permanent disenfranchisement of certain felons; affirming dismissal of plaintiff class’s Equal Protection claim against the Mississippi Secretary of State … More August 4, 2023, opinions

August 3, 2023, opinions

August 4, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), bankruptcy Affirming bankruptcy and district court judgments that the creditor had released its claims against the debtor and that, as a matter of contract interpretation, the claims were not within certain defined “permitted claims” allowed under the parties’ governing agreements. Unpublished per curiam (King, Haynes, Higginson), criminal … More August 3, 2023, opinions

August 2, 2023, opinions

August 3, 2023

Designated for publication Jones, J. (Jones, Southwick, Ho), Southwick, J., dissenting; Federal Power Act, administrative law Reversing FERC orders implementing cost allocation scheme for electrical grid improvements in much of the American West, in the WestConnect region, holding that the orders violate the Federal Power Act as a matter of law and that FERC inadequately … More August 2, 2023, opinions

July 28-31, 2023, opinions

August 1, 2023

Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions

July 27, 2023, opinions

July 28, 2023

Designated for publication per curiam (Richman, Ho, Engelhardt), Ho, J., concurring in judgment only; § 1983 Affirming dismissal of § 1983 and other claims by plaintiffs–survivors of man who committed suicide after his arrest for involvement in a scheme to take a picture of Senator’s nursing-home-bound wife for use in a campaign video. The Court … More July 27, 2023, opinions

July 11, 2023, opinions

July 12, 2023

Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions

July 10, 2023, opinions

July 11, 2023

Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions

July 7, 2023, opinions

July 10, 2023

Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions

July 6, 2023, opinions

July 7, 2023

Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions

July 1-5, 2023, opinions

July 6, 2023

Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions