Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), personal torts, Batson violation Affirming denial of new trial or remittitur motion brought by plaintiff in trucker-collision case where jury found in favor of plaintiff but only awarded $37,500. The Court held that the defense counsel’s closing argument comments that allegedly alluded to the plaintiff’s counsel’s marketing … More April 13, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., concurring; immigration Affirming dismissal for lack of jurisdiction, holding that status-adjustment decisions made by the USCIS outside the context of removal proceedings are not final agency actions reviewable under the Administrative Procedure Act, nor are they final removal actions reviewable per the Immigration and Nationality … More April 4, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions
Designated for publication per curiam (denial of en banc rehearing; voting against rehearing were Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Douglas, JJ.; voting for rehearing were Smith, Elrod, Engelhardt, Oldham, Wilson, JJ.); Higginbotham, J., concurring in denial of rehearing; Higginson, J., concurring in denial of rehearing; Oldham, J., dissenting from denial … More March 23, 2023, opinions
Designated for publication Dennis, J. (Wiener, Dennis, Duncan), criminal, Confrontation Clause, Sixth Amendment, sufficiency of evidence, sentencing, crime of violence Upon granting petition for panel rehearing, vacating defendants’ conviction for aiding and abetting the discharge of a firearm during a crime of violence, but affirming conviction on other counts arising from two armored car armed … More March 22, 2023, opinions
Designated for publication Smith, J. (Smith, Barksdale, Haynes), qualified immunity, Equal Protection, municipal liability Reversing dismissal of plaintiffs’ excessive force, denial of medical care, and unlawful arrest claims arising from fatal shooting during routine traffic stop; affirming dismissal of remaining claims for unlawful arrest and detention and racial discrimination; and denying as moot motion to … More March 21, 2023, opinions
Designated for publication Richman, C.J. (Richman, Southwick, Willett), Americans with Disabilities Act Vacating in part and affirming in part summary judgment in favor of Methodist Hospitals on EEOC’s claims that Methodist violated the ADA, vacating summary judgment on claim that Methodist’s most-qualified-applicant policy violated the ADA when it refused to reassign a disabled applicant to … More March 17, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions
Designated for publication Smith, J. (Jones, Smith, Graves), administrative law Granting petition for review of Federal Railroad Administration refusal to grant waiver of standard track-inspection regulations so BNSF could test new technology, vacating FRA’s refusal order, and remanding. Following successful waivers and tests of automated track inspection technology, the FRA denied a waiver-request for wider … More March 15, 2023, opinions
