Designated for publication Gulfport Energy Corp. v. Federal Energy Regulatory Commission, 21-60017, c/w 21-60200 (petition for review of FERC orders) Smith, J. (Davis, Smith, Engelhardt), bankruptcy, standing, administrative law Granting petition for review of FERC orders, and vacating the orders, which sought to bind the petitioner to continue performing its gas transit contracts even if … More July 19, 2022, opinions
Designated for publication U.S. v. Coulter, 20-10999, appeal from N.D. Tex. Jones, J. (Richman, Jones, Wilson); Jones, J., concurring; Richman, C.J., dissenting; criminal, search and seizure Reversing district court’s order suppressing the defendant’s statements made to officer about his possession of a gun and his prior aggravated robbery conviction, where those statements were made without … More July 18, 2022, opinions
Designated for publication Williams v. City of Yazoo, 20-61061, appeal from S.D. Miss. Costa, J. (Clement, Graves, Costa), qualified immunity Affirming denial of qualified immunity as to individual officers in case arising from detainee’s death from internal bleeding while in county jail after being assaulted with a metal pipe and after jailers repeatedly ignored his … More July 15, 2022, opinions
Designated for publication Fairchild v. Coryell County, 20-50237, appeal from W.D. Tex. Costa, J. (Jolly, Southwick, Costa), excessive force, qualified immunity Reversing summary judgment in favor of jailer defendants and county on plaintiffs’ excessive force claims arising from the jailers’ forceful pinning of a pretrial detainee to the floor of her cell until she died, … More July 14, 2022, opinions
Designated for publication U.S. v. Morris, 20-30744, appeal from W.D. La. per curiam (Dennis, Higginson, Costa), criminal, search and seizure, sentencing Vacating the district court’s denial of the defendant’s motion to suppress evidence discovered during a consent search, on finding that the defendant had been subject to a stop and that, because the district court … More July 13, 2022, opinions
Designated for publication Securities and Exchange Commission v. Novinger, 21-10985, appeal from N.D. Tex. Stewart, J. (Jones, Stewart, Duncan); Jones, J., concurring (joined by Duncan, J.); Rule 60(b); First Amendment Affirming denial of Rule 60(b) motion filed five years after consent judgment, where defendant challenged the “no-deny” provision of its settlement of an SEC civil … More July 12, 2022, opinions
Designated for publication U.S. v. Kelley, 20-20580, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Oldham), Oldham, J., concurring in judgment; criminal, Speedy Trial Act, sentencing Affirming conviction on being a felon in possession of a firearm, affirming application of sentence enhancement for reckless endangerment, but vacating determination that prior state conviction of attempted aggravated … More July 11, 2022, opinions
Designated for publication U.S. v. Kelley, 20-30436, appeal from W.D. La. Elrod, J. (King, Elrod, Southwick), habeas corpus Vacating district court’s denial of habeas relief on petitioner’s § 2255 petition, holding that the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191, 219 (2019), that knowledge of felony status is an essential … More July 8, 2022, opinions
Designated for publication Glenn v. Tyson Foods, Inc., 21-40622, c/w Chavez v. Tyson Foods, Inc., 21-11110, appeals from E.D. Tex. and N.D. Tex. Willett, J. (Willett, Engelhardt, Wilson), federal officer jurisdiction, removal Affirming district courts’ remand orders for claims against Tyson Foods arising from its decision to keep its poultry processing plants open during the … More July 7, 2022, opinions
Designated for publication U.S. v. Caldwell, 21-10509, appeal from N.D. Tex. per curiam (Richman, Costa, Ho), habeas corpus Reversing district court’s grant of relief on § 2255 petition, holding that petitioner’s guilty-plea waiver barred collateral attack even where based on a substantive change in the law. Texas v. U.S., 22-40367, appeal from S.D. Tex. per … More July 6, 2022, opinions
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