Designated for publication Smith, J. (Smith, Haynes, Enhelhardt) (oral argument), timeliness, Americans with Disabilities Act Reversing dismissal of ADA claim as time-barred, holding that claim was tolled under American Pipe. James Bien worked for Union Pacific as a locomotive train conductor. After failing two color vision tests in 2013, he was removed from his conductor … More October 26, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), appeal waiver, criminal, sentencing On remand from Supreme Court, withdrawing September 18 panel opinion (also post-remand) and substituting with new opinion, dismissing appeal of sentence on enforcement of appeal-waiver in guilty plea. Devin Chaney pleaded guilty to Hobbs Act Robbery and Armed Bank Robbery, … More October 19-20, 2026, opinions
Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions
Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. Defendant Rollie Andre Lott appealed his 18-month supervised-release revocation sentence, arguing that the district court improperly relied on a retributive factor—his “lack of respect for the law”—which is excluded from the permissible sentencing considerations under … More September 24, 2026, opinions
Designated for publication Oldham, J. (Wiener, Engelhardt, Oldham) (oral argument), First Amendment, standing, mootness Affirming permanent injunction against restriction on film projection, reversing dismissal on standing grounds of plaintiff’s facial overbreadth challenge, and remanding for further proceedings. University of Mississippi film professor John Rash sought to host PROJECT(ion), a free nighttime public art event projecting … More September 17, 2026, opinions
Published decisions Douglas, J. (Stewart, Engelhardt, Douglas) (oral argument), qualified immunity Affirming grant of qualified immunity summary judgment for claims arising from detainee’s death. Alberto Pena was arrested for criminal mischief in Starr County, Texas, while heavily intoxicated. During transport, he struck his head on the interior of a patrol car multiple times and may … More August 28, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions
Designated for publication Elrod, C.J. (joined by Jones, Smith, Stewart, Richman, Southwick, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.), Haynes, J., concurring in denial only (w/o separate opinion); immigration, amendment Denying, without prejudice, motion to amend on appeal to add five new class representatives Three Venezuelan nationals filed a habeas petition … More August 13, 2026, opinions
Designated for publication Southwick, J. (Southwick, Graves, Wilson) (oral argument withdrawn), Wilson, J., concurring; arbitration Affirming denial of defendant’s motion to compel arbitration. Floor and Decor Outlets of America (“F&D”), a national flooring retailer, contracted with MAPP, L.L.C., a local Louisiana construction management company, for the building of a retail store in Metairie, Louisiana. F&D … More August 6, 2026, opinions
