February 8, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Gutierrez v. Saenz, 21-70009, appeal from S.D. Tex.
    • Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing
    • On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack of jurisdiction.
    • The Court held that, even if the petitioner received DNA testing, under the facts of this case it would not show that he was not death-eligible, as the evidence still showed that he participated in the murder, even if he was not in the house where the robbery occurred at the time the murder took place.
    • Judge Higginson dissented. “While I appreciate the majority’s careful tracing of the state-court case history and fair inquiry into what the named state prosecutor might or might not do, I do not perceive that the Supreme Court [in Reed] contemplated this nuance and distinction. Instead of conducting a fact-specific inquiry and delving into what District Attorney Goertz himself would do, the Court determined that a declaratory judgment invalidating Texas’s DNA testing procedure would significantly increase the likelihood that the state prosecutor would grant access to the requested DNA testing. Because the standing analysis of Reed applies here, Gutierrez, also facing execution, has standing to bring suit.”

Unpublished

  • U.S. v. Galvan, 22-11239, appeal from N.D. Tex.
    • per curiam (Richman, Graves, Wilson), criminal, guilty plea
    • Affirming guilty-plea conviction for possession of a firearm by a felon.
  • U.S. v. Staples, 22-11244, appeal from N.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal
    • Affirming conviction for possession of a firearm by a felon.
  • EHO360, L.L.C. v. Opalich, 23-10484, appeal from N.D. Tex.
    • per curiam (King, Jones, Oldham), civil
    • Affirming district court judgment in favor of plaintiff, though with no analysis or identification of the claim.
  • U.S. v. Guizar, 23-10456, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rivas, 23-10608, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Castro, 23-10680, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Orozco-Pulido, 23-10754, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Christmas v. Hooper, 23-30151, appeal from M.D. La.
    • per curiam (Elrod, Willett, Duncan), habeas corpus
    • Affirming denial of sec. 2254 petition as untimely.
  • U.S. v. Reyna, 23-40134, appeal from E.D. Tex
    • per curiam (Higginbotham, Smith, Higginson), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • U.S. v. Sears, 23-40135, appeal from E.D. Tex.
    • per curiam (Elrod, Willett, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salinas, 23-40365, appeal from S.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal
    • Affirming conviction for possession of a firearm by a felon.
  • HSBC Bank USA, NA v. Klinger, 23-40370, appeal from S.D. Tex.
    • per curiam (Elrod, Willett, Duncan), foreclosure
    • Affirming summary judgment in favor of lender on suit arising from foreclosure.
  • Yeomans v. Valdez, 23-40389, appeal from S.D. Tex.
    • Higginson, J. (Higginbotham, Smith, Higginson), prisoner suit
    • Affirming dismissal of pretrial detainee’s sec. 1983 claims.
  • Herrod v. The 79th Members of Congress, 23-40481, appeal from E.D. Tex.
    • per curiam (Clement, Engelhardt, Ramirez), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. York, 23-50499, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Anderson, 23-60271, appeal from S.D. Miss.
    • per curiam (Jolly, Higginson, Duncan), criminal, sentencing
    • Affirming sentence on conviction of possession of a firearm by a felon.