June 15, 2021 opinions

Posted on by tadbartlett

Designated for publication

  • Seals v. Vannoy, 19-30447, appeal from E.D. La.
    • Barker, J. (by desig.) (Smith, Ho, Barker), habeas corpus, Batson challenge
    • Affirming denial of habeas relief on Batson challenge basis.
    • The Court held that the state appellate court had not unreasonably applied clearly established federal law in reviewing petitioner’s Batson challenge when it considered the peremptorily stricken venire members’ remarks during voir dire. The Court noted that there is “nothing in Batson holding that a trial court may not consider all the circumstances before the court, including a struck panelist’s statements during voir dire. That can be relevant information–tending to make the fact suggested by the challenger more or less probably than it would be without the information. … Requiring a trial judge to close his or her eyes to those circumstances would be contrary to the holistic approach that Batson requires in weighing whether an adverse inference is warrranted.”
    • The Court held that the district court did not err in applying 28 U.S.C. § 2254’s presumption of correctness to the state-court factual finding that the petitioner’s counsel had not established a prima facie case of purposeful discrimination; regardless, the Court found that the district court’s conclusion did not rely on the presumption. “After recognizing that the presumption applies under our circuit precedent, the district court ultimately concluded, not that Seals failed to muster clear and convincing evidence to rebut the presumption, but that ‘the state’s actions in this case do not establish a prima facie case of purposeful discrimination.'”
    • The Court then held that the petitioner’s arguments failed on the merits of his Batson claim, even without turning to the panelists’ voir dire responses.

Unpublished

  • U.S. v. Jones, 19-30980, appeal from W.D. La.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Huskey v. Jones, 19-60588, appeal from N.D. Miss.
    • per curiam (Higginbotham, Stewart, Wilson), § 1983
    • Remanding appeal of summary judgment in favor of defendants in § 1983 claim arising from injuries received while incarcerated, for purposes of determining whether plaintiff’s Rule 59(e) motion had been timely filed and therefore whether appellate jurisdiction existed.
  • U.S. v. McCalister, 20-10642, appeal from N.D. Tex.
    • per curiam (King, Smith, Haynes), criminal, sentencing
    • Affirming 235-month sentence on conviction of enticement of a child.
  • U.S. v. Edwards, 20-10931, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Basta, 20-11044, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Pool v. City of Houston, 20-20328, appeal from S.D. Tex.
    • per curiam (Willett, Ho, Duncan), attorneys’ fees, appellate jurisdiction
    • Dismissing appeal regarding award of attorneys’ fees at TRO stage of injunction suit, holding that its prior remand of the merits to the district court rendered the fee award an interim judgment and not a final judgment from which an appeal may be made.
  • U.S. v. Johnson, 20-20497, appeal from S.D. Tex.
    • per curiam (Jolly, Elrod, Graves), criminal, sentencing
    • Affirming 100-month sentence on conviction of one count of aiding and abetting interference with commerce by robbery.
  • U.S. v. Martinez, 20-40168, appeal from S.D. Tex.
    • per curiam (Davis, Elrod, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dobbs, 20-40536, appeal from S.D. Tex.
    • per curiam (Wiener, Southwick, Duncan), criminal, compassionate release
    • Affirming denial of motion for compassionate release on COVID-19 grounds.
  • U.S. v. Torres, 20-40697, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Costa), criminal, sentencing
    • Affirming 46-month sentence for illegal reentry after deportation.
  • Davis v. City of Andrews, 20-50951, appeal from W.D. Tex.
    • per curiam (Haynes, Willett, Ho), Fourth Amendment
    • Affirming summary judgment in favor of defendants on plaintiff’s claims that his Fourth Amendment rights had been violated by a search and an arrest for auto theft.
  • U.S. v. Sain, 20-60633, appeal from S.D. Miss.
    • per curiam (King, Smith, Wilson), criminal
    • Affirming conviction of conspiracy to possess with intent to distribute five kilograms or more of cocaine, and 210-month sentence; rejecting challenges based on the Confrontation Clause, due process rights, sentencing factor manipulation, mitigation role reduction, imposition of a $10,000 fine, and ineffective assistance of counsel.