Designated for publication
- NexPoint Advisors, L.P. v. Highland Capital Management, L.P., 21-10449, appeal from N.D. Tex.
- Duncan, J. (Wiener, Graves, Duncan), bankruptcy
- Granting petition for panel rehearing from August 19, 2022, panel opinion; withdrawing that opinion and substituting a new opinion, but with the same operative effect: Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain non-debtors in violation of 11 U.S.C. § 524(e).
- U.S. v. Fernandez, 21-50283, appeal from W.D. Tex.
- Stewart, J. (Stewart, Elrod, Graves), criminal, search and seizure, sentencing
- Affirming conviction for being an unlawful user of a controlled substance in possession of a firearm and 10-month sentence; upholding district court’s denial in part of a motion to suppress statements made to the police by the defendant about his recent use of cocaine when he showed up to the police station in possession of a rifle.
- The Court found that there was no deliberate attempt to use pre-Miranda statements by the defendant to coerce post-Miranda statements in a prohibited two-step strategy to evade Miranda. The Court then found that the post-Miranda statements were voluntary and admissible.
- Amawi v. Paxton, 21-50360, appeal from W.D. Tex.
- Jones, J. (King, Jones, Duncan), attorneys’ fees
- Reversing award of attorneys’ fees to plaintiffs as “prevailing parties” under 42 U.S.C. § 1988. Plaintiffs had brought suit challenging constitutionality of Texas law prohibiting the state from doing business with entities that boycotted Israel. After the district court entered a preliminary injunction, while appeal was pending the governor signed a new law that rendered moot the particular plaintiffs’ challenge. The district court then granted the plaintiffs’ motion for attorneys’ fees, finding that they were nonetheless prevailing parties. The Court reversed, finding that, because the ameliorative statute had been introduced in the legislature prior to issuance of the preliminary injunction–though it was not passed through both houses and signed by the governor until after–the change in the parties’ relationship was due to voluntary action rather than court-instigated.
Unpublished
- U.S. v. Timpson, 19-50924, appeal from W.D. Tex.
- per curiam (Stewart, Dennis, Higginson), criminal, supervised release
- Affirming in part, vacating in part, and remanding to comport written judgment to orally pronounced conditions of supervised release portion of sentence.
- Janvey v. GMAG, L.L.C., 21-10483, c/w 21-10882, appeal from N.D. Tex.
- per curiam (Stewart, Clement, Elrod), attorneys’ fees
- Affirming award of prejudgment interest, costs, and attorneys’ fees after mandate issued following prior appeal in case arising from investment-fraud Ponzi scheme.
- U.S. v. Lopez, 21-11215, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- John Hancock Life Insurance Co. v. Estate of Wheatley, 21-20508, appeal from S.D. Tex.
- Graves, J. (Clement, Graves (opinion by quorum)), insurance, attorneys’ fees
- Reversing award of attorneys’ fees to insurer in interpleader action involving payment of annuities on structured settlement, as insurer had ignored unambiguous designation of correct beneficiary; otherwise affirming pretrial rulings, and remanding for further proceedings.
- Ward v. Cross Keys Bank, 21-30649, appeal from W.D. La.
- per curiam (Smith, Duncan, Oldham), bankruptcy
- Affirming judgment in favor of creditors who had removed their own collection action from state court after filing involuntary bankruptcy proceeding for debtor.
- Anderson v. Daniels, 21-40767, appeal from E.D. Tex.
- per curiam (Stewart, Duncan, Wilson), habeas corpus
- Affirming dismissal of § 2241 petition.
- U.S. v. Ibarra, 21-50790, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Zahner, 21-51009, appeal from W.D. Tex.
- per curiam (Jones, Duncan, Wilson), criminal, sentencing
- Affirming in part and vacating in part sentence on conviction of failure to register as a sex offender, and remanding.
- Cruz-Sanchez v. Garland, 21-60415, petition for review of BIA order
- per curiam (Stewart, Duncan, Wilson), immigration
- Denying Salvadoran citizen’s petition for review of BIA order denying his third motion to reopen, as well as dismissing his appeal from the immigration judge’s (IJ) denial of his second motion to reopen.
- Quintanilla-Lizano v. Garland, 21-60694, petition for review of BIA order
- per curiam (Davis, Jones, Elrod), immigration
- Denying Salvadoran citizen’s petition for review of BIA order upholding the denial of her removal relief.
- U.S. v. Franco, 22-10136, appeal from N.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Gonzalez-Garcia, 22-10210, appeal from N.D. Tex.
- per curiam (Jones, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Torson v. Hyundai Oilbank Co., 22-20065, appeal from S.D. Tex.
- per curiam (Stewart, Duncan, Wilson), personal jurisdiction
- Affirming district court’s dismissal of claim arising from stockholder dispute for lack of personal jurisdiction.
- U.S. v. McCall, 22-30065, appeal from W.D. La.
- per curiam (Jones, Barksdale, Elrod), criminal, sentencing
- Affirming sentence on conviction of being a felon in possession of a firearm.
- U.S. v. Payan-Martinez, 22-40078, appeal from E.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Brito-Brito, 22-50308, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal, sentencing
- Affirming sentence on conviction of illegal reentry.
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