April 18, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Buchholz v. Crestbrook Insurance Co., 22-50265, appeal from W.D. Tex.
    • Clement, J. (Smith, Clement, Wilson), insurance
    • Affirming summary judgment in favor of insurer on homeowners’ suit for coverage for mold-related losses.

Unpublished

  • Viju v. U.S., 21-11039, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, restitution
    • Affirming denial of writ of coram nobis as a collateral attack on restitution order.
  • Hallman v. Waybourn, 22-10576, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), prisoner suit
    • Affirming dismissal of § 1983 claims by inmate at Tarrant County Jail.
  • U.S. v. Luke, 22-10693, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, guilty plea
    • Affirming denial of motion to withdraw guilty plea to one count of Sex Trafficking by Force, Fraud, or Coercion under 18 U.S.C. § 1591.
  • U.S. v. Howell, 22-10905, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal, supervised release
    • Affirming revocation of supervised release.
  • Smith v. Hittner, 22-20403, appeal from S.D. Tex.
    • per curiam (Clement, Southwick, Engelhardt), foreclosure
    • Affirming dismissal of pro se claim that constitutional rights violated by foreclosure proceeding.
  • U.S. v. Martinez, 22-20548, appeal from S.D. Tex.
    • per curiam (Jolly, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ratley v. Beck, 22-30418, appeal from E.D. La.
    • per curiam (Smith, Southwick, Douglas), prisoner suit
    • Vacating dismissal of pretrial detainee’s § 1983 suit, and remanding for further proceedings.
  • Prater v. Hooper, 22-30569, appeal from M.D. La.
    • per curiam (Stewart, Dennis, Willett), habeas corpus
    • Affirming dismissal of § 2254 petition as untimely.
  • Dave v. O’Carroll, 22-40653, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Wilson), § 1983
    • Affirming dismissal of plaintiff’s constitutional claims arising from his brief detention by police officers while he was filming their activities.
  • U.S. v. Perchez-Hernandez, 22-50875, c/w 22-50876, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry, and revocation of supervised release.
  • Palma v. Garland, 22-60341, petition for review of BIA order
    • per curiam (Barksdale, Higginson, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the CAT.