August 30-31, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Mendoza v. Lumpkin, 12-70035, appeal from E.D. Tex.
    • per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel
    • Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death.
  • U.S. v. Campos-Ayala, 21-50642, appeal from W.D. Tex.
    • per curiam (en banc court), criminal, sufficiency of evidence
    • Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated convictions of possession with intent to distribute 100 kilograms or more of marihuana on basis of insufficiency of evidence.
  • U.S. v. Cailler, 22-30383, appeal from W.D. La.
    • Elrod, J. (King, Smith, Elrod), criminal, supervised release
    • Affirming district court’s modification of terms of supervised release during the term of that supervised release.
  • U.S. v. Pelayo-Zamarripa, 22-40285, appeal from S.D. Tex.
    • Higginbotham, J. (Higginbotham, Stewart, Southwick), criminal, sentencing
    • Affirming sentence, including supervised release conditions, finding no impermissible conflict between the oral pronouncement and the written judgment.
  • U.S. ex rel. Hernandez v. Team Finance, L.L.C., 22-40707, appeal from E.D. Tex.
    • Wiener, J. (Wiener, Graves, Douglas), intervention
    • Reversing district court’s denial of motion to permissively intervene in closed matter to challenge the dealing of records, and remanding for further proceedings.
  • Calhoun v. Collier, 22-50634, appeal from W.D. Tex.
    • Graves, J. (Wiener, Graves, Douglas), prisoner suit
    • Reversing district court’s summary judgment for defendants in Texas inmate’s suit that she had a right to be heard before the prison decides whether to approve her request to transfer money from her inmate account to an outside bank account.
  • PHH Mortgage Corp. v. Old Republic National Title Insurance Co., 22-50930, appeal from W.D. Tex.
    • Mazzant, J. (Duncan, Wilson, Mazzant, by designation), breach of contract, necessary parties
    • Vacating district court’s sua sponte determination that “required” parties under Rule 19 were absent from suit, and dismissal of suit, and remanding for further proceedings.

Unpublished

  • Dos Santos v. Garland, 21-60791, petition for review of BIA order
    • per curiam (Smith, Southwick, Douglas), immigration
    • Denying Brazilian citizen’s petition for review of BIA order denying his motion to reopen removal proceedings and rescind his in absentia removal order.
  • U.S. v. Maldonado, 22-10536, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Turner, 22-10879, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ramirez-Ortega, 22-11053, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.
  • U.S. v. Gafford, 22-11106, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mims, 22-11240, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Loeb-Defever v. Mako, L.L.C., 22-20362, appeal from S.D. Tex.
    • per curiam (Jones, Clement, Haynes), copyright, breach of contract
    • Affirming summary judgment for defendants in copyright infringement and breach of contract case brought by architects against developers of senior living community.
  • Chevron TCI, Inc. v. Capitol House Hotel Manager, L.L.C., 22-30271, appeal from M.D. La.
    • per curiam (Smith, Higginson, Willett), breach of contract
    • Affirming in part and remanding in part summary judgment rulings in breach of contract case arising from failed restoration and operation of old hotel.
  • Lewis v. Goodwin, 22-30461, appeal from W.D. La.
    • per curiam (Elrod, Oldham, Wilson), habeas corpus
    • Affirming denial of § 2254 petition as time-barred.
  • Perez v. Weslaco Independent School District, 22-40634, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, deGravelles, by designation), Individuals with Disabilities Education Act
    • Affirming judgment in favor of school district on parent’s IDEA claims.
  • U.S. v. Ayala-Calderon, 22-40734, appeal from E.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Paradez, 22-51117, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cisneros-Villagrana, 23-10075, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Martinez, 23-10097, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Chandler, 23-10183, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Rakhshandeh v. Texas Tech University, 23-10201, appeal form N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), Title VII, employment discrimination
    • Affirming summary judgment dismissal of plaintiff’s employment discrimination claim on determination that plaintiff had not been denied tenure.
  • U.S. v. Cardenas-Sanchez, 23-40172, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Dickey, 23-50103, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming sentence on revocation of supervised release, except for vacatur of lifestyle restrictions condition of new term of supervised release, and remanding for further proceedings.
  • Hu v. Garland, 23-60155, petition for review of BIA order
    • per curiam (Elrod, Oldham, Wilson), immigration
    • Denying Chinese citizen’s petition for review of BIA order dismissing his appeal from an order of the Immigration Judge (IJ) finding him not credible, ordering him removed, and denying his application for asylum, withholding of removal, and protection under the Convention Against Torture.