Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), appellate jurisdiction Dismissing appeal from denial of motion to quash grand jury subpoenas and compelling compliance with a grand jury subpoena. The Court held that “[t]here is no jurisdiction for appeals challenging a grand jury subpoena for production of documents unless (1) the appellant has been held … More December 28-30, 2022, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), breach of contract, sanctions Affirming summary judgment in favor of defendant in breach of contract dispute arising from agreements to transfer hotel properties; denying plaintiff’s motion for sanctions; granting defendants’ motion for Rule 38 sanctions for a frivolous appeal; and remanding for calculation of amount of sanctions award. per … More December 23, 2022, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), insurance Affirming declaratory judgment in favor of insurance company that it did not owe coverage or defense to its insured for damages incurred by insured’s employees. Southwick, J. (Higginbotham, Southwick, Higginson), excessive force, municipal liability Reversing 12(b)(6) dismissal of excessive force claims against officer who punched plaintiff … More December 21-22, 2022, opinions
Unpublished per curiam (Jones, Smith, Graves), intellectual property Affirming judgment in favor of Lisa Fodera declaring her the lawful owner of Julian Jackson’s 50% interest in the Ohio Players’ music rights. per curiam (Jones, Smith, Graves), immigration Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order denying motion for … More December 20, 2022, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on conviction of being a felon in possession of a firearm, applying ACCA enhancement based on four prior Texas convictions for aggravated robbery with a deadly weapon. per curiam (Smith, Barksdale, Haynes), criminal, restitution Affirming restitution award for losses stemming … More December 16, 2022, opinions
Designated for publication Ho, J. (Richman, Ho, Engelhardt), Richman, C.J., concurring; immigration Denying Salvadoran citizen’s petition for review of BIA order affirming IJ’s denial of motion to reopen proceedings for removal in absentia. The Court held that the IJ did not err in finding that the failure to provide the petitioner with a Notice to … More December 15, 2022, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), foreign discovery Reversing 28 U.S.C. § 1782(a) order for foreign discovery, and remanding for further proceedings. The Court held that the district court “misconstrued our precedent and erroneously rebuffed respondents’ challenge” to a discovery order’s “validity pursuant to statutory requirements and the Supreme Court’s ‘Intel factors.’” (Citing … More December 13, 2022, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions
Designated for publication per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of … More December 8, 2022, opinions
Unpublished per curiam (Richman, Dennis, Ho), immigration Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal. per curiam (King, Stewart, Haynes), criminal, sentencing Affirming 120-month sentence and conviction for illegal reentry. per curiam (Higginbotham, Duncan, Engelhardt), products liability Affirming … More December 6, 2022, opinions
