Unpublished per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Dennis), deceptive trade practices, timeliness Affirming dismissal of deceptive trade practices and fraud claims as barred by the relevant Texas statutes of limitation, in claim arising from restoration or replication of 1959 Maserati race car. per … More September 12, 2022, opinions
Designated for publication per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings. The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the … More September 9, 2022, opinions
Designated for publication Richman, C.J. (Richman, Barksdale, Duncan), qualified immunity Denying petition for rehearing en banc, withdrawing February 15, 2022, panel opinion and substituting new opinion, again reversing the denial of qualified immunity on the plaintiff’s excessive force claims and rendering judgment dismissing those claims, but expressing no opinion on unlawful arrest and bystander injury … More September 8, 2022, opinions
Designated for publication 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 … More September 7, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions
Designated for publication per curiam (King, Duncan, Engelhardt), immigration Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings and apply for cancellation of removal, and remanding to BIA for further proceedings. The Court held that the failure of the government to provide the date and place of the … More September 2, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, sentencing Affirming application of enhancement for intentionally or recklessly creating a risk of death or serious bodily harm to another person to sentence defendant to 27 months on conviction of transporting illegal aliens for financial gain. Court had vacated prior sentence using that enhancement, on the … More September 1, 2022, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More August 2022 opinion statistics
(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
