January 24-25, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Tighe, 22-50332, appeal from W.D. Tex.
    • Graves, J. (Graves, Higginson, Ho), habeas corpus, ineffective assistance of counsel
    • Reversing denial of § 2255 petition that asserted ineffective assistance of counsel on basis of trial attorney’s failure to consult with defendant regarding filing of appeal, and remanding for further proceedings.
    • The Court held that it was unreasonable for his trial counsel to fail to consult with him about the advantages and disadvantages of an appeal. The Court then found that the petitioner “is able to demonstrate that, but for Diaz’s deficient conduct, he would have appealed. Thus, Tighe is able to establish prejudice by Diaz’s constitutionally ineffective failure to consult with him about an appeal.”

Unpublished

  • Searcy v. Progressive Insurance, 23-10422, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Wilson), insurance, jurisdiction
    • Dismissing as frivolous appeal from dismissal of suit for lack of subject matter jurisdiction.
  • Norman v. Federal Bureau of Prisons, 23-10478, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), Federal Tort Claims Act
    • Affirming dismissal of claim under the FTCA against Bureau of Prisons arising from care for COVID-19 while plaintiff was incarcerated.
  • U.S. v. Davis, 23-10663, appeal from N.D. Tex.
    • per curiam (Barksdale, Graves, Oldham), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Ruiz, 23-30358, appeal from E.D. La.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Lewis-Watson v. Wormuth, 23-50538, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), employment discrimination
    • Affirming dismissal of employment discrimination claims on bases of res judicata and failure to exhaust administrative remedies.
  • Gomez v. Garland, 23-60279, petition for review of BIA order
    • per curiam (Jones, Southwick, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing her appeal from a decision of an Immigration Judge (IJ) denying her application for asylum, withholding of removal, and protection under the CAT.