Tag: search and seizure

July 25, 2023, opinions

July 26, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., dissenting in part; criminal, sufficiency of evidence, jury instructions, Sixth Amendment, hearsay Affirming convictions of doctor and pharmacists in “pill mill” operation of controlled substance distribution and conspiracy counts, rejecting argument that there was not sufficient evidence to overcome the Controlled Substances Act’s exemption for … More July 25, 2023, opinions

July 14-18, 2023, opinions

July 21, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions

June 5, 2023, opinions

June 6, 2023

Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions

May 19-22, 2023, opinions

May 23, 2023

Designated for publication Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.” Judge Oldham concurred in the judgment, but for a … More May 19-22, 2023, opinions

May 11-16, 2023, opinions

May 19, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions

May 10, 2023, opinions

May 11, 2023

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

May 5-8, 2023, opinions

May 9, 2023

Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions

May 2, 2023, opinions

May 3, 2023

Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions

April 14, 2023, opinions

April 17, 2023

Designated for publication per curiam (Higginbotham, Smith, Engelhardt), criminal, sentencing, First Step Act Affirming resentencing on remand under the First Step Act, in which district court declined to retroactively apply the decrease in the 25-year mandatory minimum under the First Step Act to defendant’s sentence for discharging a firearm in relation to a crime of … More April 14, 2023, opinions

April 13, 2023, opinions

April 14, 2023

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