Tag: standing

August 4, 2023, opinions

August 7, 2023

Designated for publication Dennis, J. (King, Jones, Dennis), Jones, J., dissenting, voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Reversing district court’s dismissal of plaintiff class’s Eighth Amendment challenge to Mississippi constitution’s permanent disenfranchisement of certain felons; affirming dismissal of plaintiff class’s Equal Protection claim against the Mississippi Secretary of State … More August 4, 2023, opinions

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 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

June 2, 2023, opinions

June 6, 2023

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), immigration Denying Ecuadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia order of removal; holding that it was the petitioner’s duty to correct the address he had provided to immigration officials that misspelled (by one letter) the city … More June 2, 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

April 6-12, 2023, opinions

April 13, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions

April 5, 2023, opinions

April 6, 2023

Designated for publication Wiener, J. (Wiener, Higginson, Wilson), administrative law, standing Vacating district court’s preliminary injunction of Biden administration’s executive order establishing working group to formulate guidance on the “social cost of greenhouse gases” to be used by federal agencies in policymaking actions, and dismissing states’ suit seeking injunctive relief for lack of standing. As … More April 5, 2023, opinions

March 13-14, 2023, opinions

March 15, 2023

Designated for publication Willett, J. (Graves, Willett, Engelhardt), insurance, preemption, sovereign immunity, standing Affirming dismissal of former federal employee’s claim against health insurer and federal Office of Personnel Management arising from the denial of coverage for proton therapy for cancer; district court had dismissed claims against OPM under sovereign immunity, and against Blue Cross on … More March 13-14, 2023, opinions

January 31, 2023, opinions

February 1, 2023

Designated for publication per curiam (Higginbotham, Oldham, by quorum), qualified immunity Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of … More January 31, 2023, opinions