Designated for publication Wilson, J. (Davis, Graves, Wilson), administrative law Affirming dismissal of plaintiffs’ claims challenging as applied to them the use of a Total Per Capita Cost measure as part of the government defendants’ Merit-Based Incentive Payment System for purposes of adjustment of Medicare reimbursement rates, finding that plaintiffs’ regulatory challenge was statutorily barred. … More January 23-26, 2025, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., concurring; habeas corpus Affirming dismissal of § 2254 application based on holding that state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent, when the state court determined that false testimony from the sole identifying witness regarding his … More January 17-22, 2025, opinions
Designated for publication Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing, sufficiency of evidence Affirming conviction and 36-month sentence for wire fraud arising from fraudulent loan scheme involving the Paycheck Protection Program, but remanding for correction of a clerical error in the judgment. Wilson, J. (Jolly, Graves, Wilson), criminal, sentencing Vacating sentence based on enhancement for … More January 15-16, 2025, opinions
Designated for publication Ramirez, J. (Richman, Graves, Ramirez), qualified immunity Reversing denial of motion to dismiss on qualified immunity grounds, on plaintiffs’ deliberate indifference claims arising from death of detainee from combined drug toxicity after he reported to the detaining officers that he did not feel well. The Court held, “An officer’s failure to immediately … More January 14, 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 Stewart, J. (Smith, Stewart, Duncan), arbitration Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds. Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity Reversing denial of summary judgment … More January 10, 2025, opinions
Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release … More January 8, 2025, opinions
Designated for publication Clement, J. (Smith, Clement, Higginson), breach of contract On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on … More January 6, 2025, opinions
Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions
