Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions
Designated for publication per curiam (Southwick, Engelhardt, Wilson), criminal, sentencing Affirming convictions for transferring a firearm to a prohibited person and for making false statements while purchasing a firearm, as well as the 60-month sentence imposed on her resulting from these convictions and incorporating an upward variance based on the defendant’s knowledge of the danger … More November 15, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), product liability, expert witness, jury instructions Affirming judgment and damages award against Honda in strict liability and negligence defective design and product liability claims arising from side-impact car accident, rejecting arguments that district court erred in denying motion to exclude liability experts, denying motion for new trial … More November 7-8, 2023, opinions
Unpublished per curiam (Richman, Stewart, Douglas), criminal, sufficiency of evidence, jury instructions, sentencing Affirming convictions and sentences arising from multi-million-dollar healthcare fraud conspiracy. per curiam (Dennis, Engelhardt, Wilson), criminal, sentencing Affirming 97-month sentence on conviction of harboring illegal aliens for the purpose of commercial advantage and private financial gain. per curiam (Smith, Ho, Engelhardt), criminal … More November 3, 2023, opinions
Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions
Designated for publication Southwick, J. (Smith, Southwick, Graves); Graves, J., concurring; Smith, J., dissenting; habeas corpus Declining to vacate the district court’s stay of execution pending appeal of merits of interlocutory issue regarding DNA testing of evidence from an uncharged crime that was used to establish future dangerousness in the sentencing of the petitioner. The … More October 9, 2023, opinions
Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions
