Tag: sentencing

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 24, 2023, opinions

July 25, 2023

Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 2023, opinions

July 21, 2023, opinions

July 24, 2023

Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions

July 19-20, 2023, opinions

July 21, 2023

Designated for publication Duncan, J. (Wiener, Southwick, Duncan), breach of contract, COVID-19 Reversing dismissal of students’ putative class claims for breach of contract when defendant university failed to refund tuition and fees after switching to remote instruction during the COVID-19 pandemic, finding that the plaintiffs had adequately pled a breach of contract claim; but certifying … More July 19-20, 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

July 11, 2023, opinions

July 12, 2023

Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions

July 10, 2023, opinions

July 11, 2023

Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions

July 7, 2023, opinions

July 10, 2023

Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions

July 6, 2023, opinions

July 7, 2023

Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions

July 1-5, 2023, opinions

July 6, 2023

Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions