September 19, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Milam v. Jimerson, 25-70015, c/w In re Milam, 25-40579, appeal from E.D. Tex.
    • Graves, J. (Elrod, Graves, Higginson), sec. 1983, death penalty
    • Affirming dismissal of Texas capital inmate’s sec. 1983 claim that Texas’s post-conviction relief procedures are unconstitutional, and denying motions for a stay of execution and for leave to file a successive habeas petition.
    • Blaine Keith Milam was convicted in Texas of murdering his fiancée’s infant daughter and sentenced to death in 2010. His conviction was supported by DNA and forensic testimony linking him to the victim’s injuries, and the Texas Court of Criminal Appeals affirmed the judgment on direct appeal. Over the following years, Milam pursued multiple rounds of postconviction relief in both state and federal courts, each of which was denied after limited remands and temporary stays of execution. Despite successive habeas petitions, including claims of actual innocence and challenges to forensic reliability, none of his filings ultimately succeeded.
    • In 2024, Milam sought access to additional DNA testing files held by the Southwestern Institute of Forensic Sciences, arguing that Texas’ postconviction process was unconstitutional because it left disclosure of evidence to the discretion of the district attorney without an alternative judicial remedy. After the district attorney refused and the trial court denied his discovery motion, Milam filed a civil rights action under 42 U.S.C. § 1983. The district court dismissed the claim, concluding that Milam had not plausibly alleged a due process violation, that his request resembled an improper petition for mandamus, and that Texas’s procedures for postconviction relief—while limited—were not fundamentally unfair. On appeal, the Fifth Circuit agreed, holding that Milam had not shown Texas’s framework for DNA evidence access to be constitutionally inadequate.
    • Milam also sought authorization to file a successive federal habeas petition, citing new evidence undermining the reliability of bite-mark analysis, DNA interpretation, and blood pattern analysis, as well as a claim of intellectual disability. The court rejected these arguments as either untimely, unsupported, or insufficient to show that no reasonable jury could convict him given the other evidence, including his confession, incriminating behavior, and physical evidence. The court further denied his request for a stay of execution, finding he had not demonstrated a substantial likelihood of success on the merits.

Unpublished decisions

  • U.S. v. Goodspeed, 25-10209, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Wilson), criminal, sentencing
    • Affirming 137-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Underwood, 25-10291, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Richards v. Rowe, 25-10364, appeal from N.D. Tex.
    • per curiam (Jones, Richman, Ramirez), prisoner suit
    • Dismissing as frivolous Texas pre-trial detainee’s sec. 1983 claims.
  • Jackson v. S2 Residential, 25-10407, appeal from N.D. Tex.
    • per curiam (Jones, Richman, Ramirez), Fair Housing Act
    • Affirming summary judgment dismissal of plaintiff’s FHA claims.
  • King v. U.S. Postal Service Agency, 25-10442, appeal from N.D. Tex.
    • per curiam (Richman, Southwick, Willett), employment discrimination
    • Affirming dismissal of employment discrimination claims for lack of subject-matter jurisdiction, insufficient service of process, and failure to state a claim.
  • U.S. v. Garmon, 25-50108, appeal from W.D. Tex.
    • per curiam (Richman, Southwick, Willett), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Inestroza-Padilla, 25-50165, appeal from W.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez), criminal
    • Affirming conviction of illegal reentry.
  • U.S. v. Ureste-Fuentes, 24-50573, appeal from W.D. Tex.
    • per curiam (Richman, Southwick, Willett), criminal, sentencing
    • Affirming 63-month sentence on conviction of smuggling goods from the United States.
  • U.S. v. Acosta-Herrera, 24-50916, appeal from W.D. Tex.
    • per curiam (Wiener, Willett, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Bonilla-Hernandez v. Bondi, 25-60053, petition for review of BIA order
    • per curiam (Elrod, Higginson, Ramirez), immigration
    • Denying Honduran citizen’s petition for review of BIA order affirming and adopting the opinion of an immigration judge (IJ) denying asylum, withholding of removal, and protection under the Convention Against Torture.