Designated for publication Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions
Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 2026, opinions
Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions
Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
Designated for publication Duncan, J. (Duncan, Oldham, Wilson) (oral argument), Oldham, J., concurring in judgment; § 1981 Affirming summary judgment dismissal of § 1981 claims based solely on religious discrimination. Christian Brothers Automotive Corporation is a faith-based auto-repair franchisor that grants franchises only to professing Christians. All of its more than 250 franchisees—including at least … More September 30, 2026, opinions
Unpublished decisions per curiam (King, Higginson, Douglas) (no oral argument), criminal, search and seizure Affirming conviction for possession with intent to distribute cocaine, upholding denial of motion to suppress. At issue on appeal was whether a state trooper had reasonable suspicion to extend a traffic stop for a K-9 sniff of the defendant’s vehicle. Quintana … More September 29, 2026, opinions
Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), criminal, sentencing Affirming sentence on conviction of production of child pornography. At issue on appeal was (1) whether the district court abused its discretion in rejecting a Rule 11(c)(1)(C) plea agreement that called for 360 months of imprisonment — half the guidelines range — for … More September 25-28, 2026, opinions
Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. Defendant Rollie Andre Lott appealed his 18-month supervised-release revocation sentence, arguing that the district court improperly relied on a retributive factor—his “lack of respect for the law”—which is excluded from the permissible sentencing considerations under … More September 24, 2026, opinions
Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), criminal, guilty plea, sentencing On remand from U.S. Supreme Court, dismissing appeal under appeal-waiver of plea agreement. Devin Chaney pleaded guilty to Hobbs Act Robbery (18 U.S.C. § 1951(a)) and Armed Bank Robbery (18 U.S.C. § 2113(a) and (d)), and in his plea agreement … More September 18-21, 2026, opinions
