The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 10, 2008:

• Starns v. Andrews (Smith, Prado, Yeakel, JJ.; opinion by Prado, J.). Reversing district court’s denial of pro se petitioner’s habeas petition as untimely filed, and remanding for further proceedings; finding that petitioner could not, through exercise of due diligence, have discovered the factual predicate for his habeas claim at his trial, or at a subsequent deposition.
• Lehmann v. G.E. Global Ins. Holding Corp. (DeMoss, Dennis, Owen, JJ.; opinion by Dennis, J.). Affirming district court’s dismissal of plaintiff’s direct action suit against parish’s insurer, on alternative grounds. Plaintiff had sued parish following traffic accident with parish vehicle, and obtained $784,607.42 judgment; plaintiff was unable to execute the judgment because neither the parish nor the state appropriated funds specifically to satisfy the judgment. Plaintiff then brought direct action against parish’s insurer; district court dismissed the lawsuit on the basis that plaintiff had failed to join the insurer in the action against the parish under Louisiana’s direct action statute. Fifth Circuit found that the non-joinder of the insurer in suit against the insured does not affect the remedy afforded the injured party by the direct action statute; nevertheless, the Fifth Circuit held that the plaintiff’s action had prescribed, as more than one year passed between the judgment against the parish and the filing of the direct action against the parish’s insurer.
• U.S. v. Bonilla (Jones, Davis, Garza, JJ.; opinion by Davis, J.). Affirming sentence imposed by district court; finding that, although district court erred in applying crime of violence enhancement for prior manslaughter conviction, district court imposed a reasonable alternative non-guidelines sentence.  [EDIT: See revised opinion released April 16, 2008.]
• Regan v. Starcraft Marine, LLC (King, DeMoss, Southwick, JJ.; opinion by Southwick, J.). Reversing dismissal of tort defendant boat manufacturer’s third party claim against United States, on basis that off-duty service member who was injured in boat rented by Army recreational facility to the service member was not engaged in an activity incident to military service. [EDIT: See revised opinion released April 17, 2008.]