October 9, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Murphy v. Nasser, 23-70005, appeal from W.D. Tex.
    • Southwick, J. (Smith, Southwick, Graves); Graves, J., concurring; Smith, J., dissenting; habeas corpus
    • Declining to vacate the district court’s stay of execution pending appeal of merits of interlocutory issue regarding DNA testing of evidence from an uncharged crime that was used to establish future dangerousness in the sentencing of the petitioner. The Court confirmed that it has jurisdiction to review a stay of execution on interlocutory appeal. The Court determined that no ruling could be issued on the motion to vacate because the same issues are pending before the Court in another matter that had been fully briefed and argued, such that it would direct the parties in this case to provide briefing once the opinion in the pending case is issued.
    • Judge Graves concurs in not ruling on the motion to vacate at this time and will issue a concurring opinion.
    • Judge Smith dissented, and would vacate the stay of execution, opining that the majority opinion “succumbs to a vapid last-minute attempt to stay an execution that should have occurred decades ago.”

Unpublished

  • U.S. v. Stanford, 22-20388, appeal from S.D. Tex.
    • per curiam (King, Smith, Elrod), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Griggs, 23-10083, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, sufficiency of evidence
    • Affirming conviction of making a false statement on an income tax return.
  • Thompson v. Linthicum, 23-20257, appeal from S.D. Tex.
    • per curiam (Haynes, Willett, Duncan), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.