Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Duncan, Engelhardt), employment discrimination, COVID-19 Reversing summary judgment in favor of the employer on the plaintiff former employee’s Title VII religious discrimination claim arising from his termination after refusing to get the COVID-19 vaccination and the employer failing to grant him a religious exemption, and remanding for further proceedings. … More August 5, 2025, opinions
Unpublished decisions per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction of possession of a stolen firearm. per curiam (Higginbotham, Jones, Oldham), criminal, new trial Affirming denial of … More July 25, 2025, opinions
Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), takings, trespass Affirming district court’s judgment that property owner was not entitled as part of just compensation for land taken by government for border wall the value of the portion of the wall built outside the easement previously obtained by the government. Mary Bennett owns … More July 24, 2025, opinions
Unpublished per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction for sex trafficking through force, fraud, or coercion. per curiam (Wiener, Higginson, Ho), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Wiener, Ho, Ramirez), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 78-month … More February 20, 2025, opinions
Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Dennis, J., dissenting in part; Duncan, J., dissenting in part; legislative privilege, appellate jurisdiction, standing Affirming district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege, but reversing district court’s order that the legislative privilege is … More May 10, 2023, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions
Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Elrod, J. (Dennis, Elrod, Costa), Costa, J., dissenting; criminal, new trial Finding no abuse of discretion in district court’s order of a new trial upon a finding that “though the evidence was sufficient to support a conviction, the court had cautiously reweighed the evidence … More February 8, 2022, opinions
