The opinion
REAVLEY, Circuit Judge,
dissenting:
I dissent because on this interlocutory appeal this court has jurisdiction of only issues of law, and we may not review the district court’s determination that a genuine fact issue exists. See Kinney v. Weaver, 367 F.3d 337, 348 (5th Cir. 2004) (en banc). This court today cites the law and then avoids it.
The district court has found triable issues of fact as to what tests were per *223 formed by Waguespack and whether his failure to report the results concealed exculpatory evidence.
What the defendant found by his examination, and its materiality may .be for the defendant to prove and the jury to decide.