May 17-18, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Baker v. Coburn, 21-10303, appeal from N.D. Tex.
    • Graves, J. (Graves, Willett, Engelhardt), qualified immunity
    • Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for second round of shots that killed driver after the car had moved past the officers.
  • Russell v. Denmark, 21-60344, appeal from S.D. Miss.
    • Wilson, J. (Clement, Duncan, Wilson), habeas corpus, speedy trial, ineffective assistance of counsel
    • Reversing district court’s grant of habeas relief to petitioner on speedy trial an IAC grounds, and rendering judgment denying habeas relief on the basis of the district court’s failure to accord sufficient deference to the state court decisions.
  • LULAC Texas v. Hughes, 22-50435, appeal from W.D. Tex.
    • Willett, J. (Richman, Wiener, Willett), election law, legislative privilege
    • Reversing denial of third-party legislators’ claims of legislative privilege in discovery dispute in challenge to Texas Election Code amendments as racially discriminatory, and remanding for further proceedings.
    • The Court first held that it had judrisdiction over the legislators’ interlocutory appeal.
    • The Court then held that the district court abused its discretion in rejecting the claims of legislative privilege. “The legislators did not waive the legislative privilege when they communicated with parties outside the legislature, such as party leaders and lobbyists. The district court’s contrary holding flouts the rule that the privilege covers legislators’ actions in the proposal, formulation, and passage of legislation. An exception for communications outside the legislature would swallow the rule almost whole, because meeting with interest groups is a part and parcel of the modern legislative procedures through which legislators receive information possibly bearing on the legislation they are to consider.” (Internal quotation marks, footnotes, and alterations omitted).

Unpublished

  • U.S. v. Stallings, 19-11300, appeal from N.D. Tex.
    • per curiam (Richman, Graves, Ho), criminal, sufficiency of evidence
    • Affirming conviction for communicating false information and hoaxes.
  • U.S. v. Owens, 20-50061, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Winchel, 21-10233, appeal from N.D. Tex.
    • Jolly, J. (Jolly, Jones, Ho), habeas corpus, ineffective assistance of counsel
    • Affirming denial of § 2255 petition.
  • U.S. v. Castillo-Nieto, 22-10730, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Griggs, 22-10786, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lozano, 22-10913, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Guillory, 22-30591, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Watkins v. Weston, 22-40451, appeal from E.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), Bivens claim
    • Dismissing as untimely appeal from dismissal of Bivens claim.
  • U.S. v. Picado, 22-40783, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Esquivel-Ruiz, 22-50357, c/w 22-50363, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • U.S. v. Matthews, 22-50608, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ortiz, 22-50661, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hyde v. Whitehead, 22-50743, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), § 1983
    • Affirming dismissal of plaintiff’s § 1983 claims arising from defendants’ alleged posting of online mug shots of him and indicating that he was a fugitive from justice.