Designated for publication Willett, J. (Wiener, Willett, Ho), Ho, J., dissenting; criminal, search and seizure Affirming grant of motion to suppress evidence, begrudgingly. The exclusionary rule has long provoked controversy, with critics deriding it as a blunt judicial tool that frees the guilty when police make mistakes. The oft-quoted Cardozo line—“the criminal is to go … More August 29, 2025, opinions
Unpublished opinions per curiam (Graves, Ho, Douglas), prisoner suit Dismissing as frivolous appeal from denial of petition for mandamus to compel ICE to turn over certain materials from arrest. per curiam (Stewart, Dennis, Haynes), maritime law Affirming district court’s judgment as to damages for certain vessels arising from mooring insufficiencies during Hurricane Ida, but reversing … More July 31, 2025, opinions
Designated for publication Southwick, J. (Elrod, Higginbotham, Southwick), maritime law Vacating and remanding for further proceedings the district court’s summary judgment on the question of the existence of a valid maritime lien on barges that shipyard and performed substantial changes to; and dismissing appeal in part. The Fifth Circuit held that the district court erred … More May 22, 2025, opinions
Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions
Designated for publication per curiam (Elrod, Dennis, Higginson), maritime, breach of contract, insurance Reversing post-bench trial dismissal of two maritime breach of contract claims arising from injury of defendant’s employee. Cross-claim plaintiff owner of crew boat had been found liable for damages to an employee of the cross-claim defendant owner of a construction company, who … More November 15, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
Designated for publication per curiam (Smith, Graves, Engelhardt), discovery, First Amendment Granting stay pending appeal of district court’s order compelling production of documents responsive to discovery requests for the defendant’s list of donors and financial supporters, in claims by social media company that defendants “knowingly and maliciously” manipulated images to “portray X Corp. as a … More October 17-20, 2024, opinions
Designated for publication Dennis, J. (Jones, Dennis, Willett); Willett, J., concurring; Jones, J., dissenting; qualified immunity, municipal liability Reversing summary judgment dismissal on qualified immunity grounds of excessive force claims arising from violent arrest of plaintiff, holding that the defendant officer “failed to show the absence of a genuine dispute of material fact as to … More August 29-30, 2024, opinions
Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions
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
