Month: December 2025

December 26-29, 2025, opinions

December 30, 2025

Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, sentencing Affirming life sentence on conviction of conspiracy to possess with intent to distribute controlled substances. per curiam (Richman, Southwick, Willett) (no oral argument), criminal, sentencing Vacating in part sentence on conviction of illegal reentry, to strike Standard Conditions 2 through 13 from the … More December 26-29, 2025, opinions

December 23, 2025, opinions

December 26, 2025

Willett, J. (Elrod, Richman, Willett) (no oral argument), qualified immunity Vacating denial of qualified immunity summary judgment motion by defendant assistant medical examiner, and remanding for reconsideration under correct standard for deliberate indifference. Noel Dean sued Dr. Darshan Phatak under 42 U.S.C. § 1983, alleging that Phatak deliberately fabricated an autopsy report that helped lead … More December 23, 2025, opinions

December 22, 2025, opinions

December 26, 2025

Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), immigration Denying Mexican citizen’s petition for review of BIA’s order of removal. The Fifth Circuit denied Campuzano’s petition for review of the Board of Immigration Appeals (BIA) challenging his removal order. Campuzano, a Mexican citizen and lawful permanent resident, was placed in removal proceedings after … More December 22, 2025, opinions

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions

December 17, 2025, opinions

December 18, 2025

Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions

December 16, 2025, opinions

December 17, 2025

Unpublished decisions per curiam (Dennis, Engelhardt, Wilson) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (King, Stewart, Higginson) (oral argument), qualified immunity, Heck bar, appellate jurisdiction, prisoner suit Dismissing Texas state inmate’s appeal of partial grant of summary judgment, for untimeliness of his notice of appeal; affirming holding that … More December 16, 2025, opinions

December 15, 2025, opinions

December 16, 2025

Designated for publication per curiam (King, Jones, Wilson) (oral argument), insurance, certification Affirming dismissal of claims against Uber’s insurer by Uber passenger for hit-and-run accident, on basis of Louisiana law allowing transportation network companies to reject uninsured motorist coverage; and denying motion to certify question to the Louisiana Supreme Court. The plaintiff, Santo Guerrera, sued … More December 15, 2025, opinions

December 12, 2025, opinions

December 16, 2025

Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions

December 10-11, 2025, opinions

December 15, 2025

Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions

December 9, 2025, opinions

December 12, 2025

Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions