Designated for publication Clement, J. (Clement, Southwick, Engelhardt) (no oral argument), qualified immunity, appellate jurisdiction Vacating judgment denying dismissal and failing to mention qualified immunity defense, and remanding for further proceedings. Plaintiffs Patricia Anna Wertenbroch and Kulwant Singh Atwal sued Clint Hardeman, the City Manager of Pittsburg, Texas, under 42 U.S.C. § 1983, alleging he … More June 3, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions
per curiam (Graves, Ho, Douglas) (no oral argument), Ho, J., concurring; First Amendment Published order granting stay pending appeal of injunction against enforcement of Texas S.B. 13, which prohibits Texas public entities from investing in private funds that refuse to invest in energy companies. The American Sustainable Business Council sued Texas Comptroller Glenn Hegar and … More May 29, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), criminal, sentencing, guilty plea Dismissing appeal of supervised release conditions in sentence, on basis that appeal was barred by appeal-waiver in plea agreement. Jamie Hackney pleaded guilty to production and transportation of child pornography. Per his plea agreement, he waived his right to appeal his … More May 26, 2026, opinions
Published decisions per curiam (Davis, Engelhardt, Oldham) (oral argument on original panel decision), federal officer jurisdiction On remand from U.S. Supreme Court on issue of federal officer removal, which had vacated the Fifth Circuit’s affirmance of the district courts’ remands to state courts, in turn remanding to district courts with instructions to proceed “consistent with … More May 22, 2026, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Willett, Wilson) (no oral argument), jurisdiction, civil, amendment Vacating dismissal of pro se plaintiff’s civil action … More May 21, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (no oral argument), Ho, J., concurring; Oldham, J., concurring; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Peter Villa Cordova pled guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). His prior felony convictions include … More May 20, 2026, opinions
Unpublished decisions per curiam (Stewart, Willett, Wilson) (no oral argument), habeas corpus Dismissing as frivolous appeal from dismissal of § 2244 petition challenging convictions for receipt and possession of child pornography, and whether his actual-innocence claim satisfied the savings clause of 28 U.S.C. § 2255(e). Relying on Jones v. Hendrix, 599 U.S. 465 (2023), the … More May 19, 2026, opinions
