It's an appeal in a criminal case that was filed in 2023. The oral argument was in September 2024, and the panel issued its original opinion roughly six months later, in March 2025.
So far, fairly routine.
But then the panel withdraws the opinion in September of 2025. It then takes another ten months to prepare and submit a revised opinion, which it does today.
It's a Fourth Amendment case, and there's a big fight between the majority and the dissent about whether the search here -- which was conducted pursuant to a warrant -- should have stopped once it reflected that the alleged crime pretty much certainly did not occur. (The purported victim alleged that she was raped, but the video, which she didn't know was being taken, fairly convincingly showed that the events were consensual, and that what the victim alleged had occurred did not, in fact, transpire. The opinion contains excruciating detail regarding what actually went down during this sexual interaction.)
I would predict that we have not seen the last moves regarding this appeal. There will likely be an en banc call, if only given the nature of the dispute and the fact that the panel's result means that it will likely be impossible to convict the defendant of the other crime they eventually saw after they continued the search: the defendant's rape of his nine-year old daughter, a video of which was on the same computer and for which the defendant was sentenced to 20 years in prison.
