September 14, 2021 opinions

Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. per curiam (Higginbotham, Smith, Dennis), qualified immunity Treating petition for en banc rehearing as a petition for panel rehearing, granting panel rehearing, vacating the qualified immunity judgment of the district court, and remanding for further proceedings. “In this suit under the Eighth Amendment against … More September 14, 2021 opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

Take the Fifth: March 12, 2021 opinions

Designated for publication U.S. v. Nelson, 19-41008, appeal from S.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, search and seizure, Miranda Affirming conviction for conspiracy to possess with intent to distribute 50 kilograms or more of marijuana, on conditional guilty plea reserving right to appeal from district court’s denial of motion to suppress evidence seized … More Take the Fifth: March 12, 2021 opinions