February 6, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Mirelez v. State Farm Lloyds, 24-20099, appeal from S.D. Tex.
    • Higginson, J. (Davis, Higginson, Douglas), insurance
    • Affirming summary judgment in favor of insurer on bad faith claims under Texas law.
  • U.S. v. Peterson, 24-30043, appeal from E.D. La.
    • Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment
    • Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion to suppress.
    • The Court held that suppressors do not fall under the Second Amendment’s protection of the right to bear arms. “A suppressor, by itself, is not a weapon. Without being attached to a firearm, it would not be of much use for self-defense. And unless a suppressor itself is thrown (which, of course, is not how firearms work), it cannot do any casting or striking. While a suppressor might prove useful to one casting or striking at another, that usefulness does not transform a gas dissipater into a bullet caster.
    • The Court held that the good-faith exception of the exclusionary rule applied to the defendant’s motion to suppress the suppressor discovered at his home.
  • Damond v. City of Rayville, 24-30289, appeal from W.D. La.
    • per curiam (Smith, Higginson, Douglas), prisoner suit
    • Affirming dismissal of former prisoner’s § 1983 claims as frivolous.
  • Cruz-Garcia v. Guerrero, 24-70003, appeal from S.D. Tex.
    • Wilson, J. (Smith, Southwick, Wilson), habeas corpus
    • Denying motion for certificate of appealability from district court’s denial of federal habeas petition by death-sentenced Texas inmate. The habeas appeal raised three issues rejected by the Court: “(A) jurors’ resort to the Bible as an improper external influence during deliberations at the sentencing hearing, (B) ineffective assistance of trial counsel, and (C) Cruz-Garcia’s inability to present a complete defense due to the trial court’s exclusion of DNA evidence.”

Unpublished

  • U.S. v. Cleveland, 23-20061, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • LaCount v. U.S., 24-20161, appeal from S.D. Tex.
    • per curiam (Graves, Willett, Wilson), Federal Tort Claims Act
    • Affirming dismissal of plaintiff’s FTCA claim against Veterans Administration for lack of jurisdiction.
  • Robertson v. Bass, 24-30395, appeal from W.D. La.
    • per curiam (Higginbotham, Willett, Ho), prisoner suit
    • Vacating dismissal of Texas state prisoner’s § 1983 claims, and remanding for further proceedings.
  • U.S. v. Walker, 23-30562, appeal from E.D. La.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • Childers v. Allstate Indemnity Co., 24-40086, appeal from E.D. Tex.
    • per curiam (Elrod, Jones, Stewart), insurance
    • Affirming summary judgment for insurer on coverage dispute.
  • U.S. v. Daughtry, 24-40382, appeal from E.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, forfeiture
    • Affirming denial of motion for return of property as to cash seized to enforce forfeiture award.
  • U.S. v. Charles, 23-50131, appeal from W.D. Tex.
    • per curiam (King, Jones, Oldham), criminal, sentencing, Armed Career Criminal Act
    • Affirming conviction for possession of a firearm by a felon and ACCA-enhanced sentence.
  • Martinez v. Texas Department of Public Safety, 24-50208, appeal from W.D. Tex.
    • per curiam (Elrod, Jones, Stewart), employment discrimination, sovereign immunity
    • Reversing denial of summary judgment dismissal of disability-discrimination claim on sovereign immunity grounds; and affirming summary judgment dismissal of failure-to-promote portion of ADA claim.
  • Rose v. Grappler Pressure Pumping, L.L.C., 24-50251, appeal from W.D. Tex.
    • per curiam (Higginbotham, Willett, Ho), Worker Adjustment and Retraining Notification Act
    • Affirming dismissal of WARN Act claims against defendant who acquired some of former employer’s assets out of bankruptcy, finding on these facts that successor liability does not apply.
  • Casillas v. Collins, 24-50308, appeal from W.D. Tex.
    • per curiam (Elrod, Jones, Stewart), employment discrimination
    • Affirming dismissal of lawsuit challenging termination of employment.
  • U.S. v. Arguello, 24-50334, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 120-month sentence on conviction of possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine.
  • U.S. v. Vargas, 24-50362, appeal from W.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • U.S. v. South, 24-50364, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Tran, 24-50391, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Serna, 24-50414, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.