Only unpublished decisions released on October 29, 2020: Youmans v. Torres, 19-30144, appeal from M.D. La. per curiam (Wiener, Southwick, Duncan), qualified immunity, false imprisonment Affirming qualified immunity dismissal of suit against warden for allegedly keeping inmate imprisoned 52 days longer than his term, and affirming summary judgment in favor of sheriff who had been … More Take the Fifth: Oct. 29, 2020 opinions
Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 2020 opinions
Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions
Designated for publication Londono-Gonzalez v. Barr, 16-60766, petition for review of BIA order, on remand from U.S. Supreme Ct. Elrod, J. (Higginbotham, Elrod, Duncan), immigration, equitable tolling Denying petition for review of BIA order. Court held that “uncertain legal terrain does not create an obstacle that stands in the way of an individual meeting the … More Take the Fifth: Oct. 26, 2020 opinions
Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions
Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law; Opinion originally released on October 13, 2020; released in “MODIFIED” form on Oct. 22 in order to append Judge Willett’s dissent; Take the Fifth‘s original summary of the majority … More Take the Fifth: Oct. 22, 2020 opinions
Only unpublished decisions to report from yesterday’s releases (with one “revised” published opinion released for U.S. v. Becerra, originally released on October 6). Cannon v. Southern University Board of Supervisors, 19-30803, appeal from M.D. La. per curiam (Haynes, Willett, Ho), due process Affirming district court’s summary judgment dismissing law student’s due process claim against defendant’s … More Take the Fifth: Oct. 21, 2020 opinions
Designated for publication U.S. v. Sila, 17-11212, appeal from N.D. Tex. Elrod, J. (Higginbotham, Elrod, Haynes), criminal, sentencing, sufficiency of evidence Affirming two counts of indictment regarding theft of government funds and aggravated identity theft, vacating one count of indictment regarding theft of government funds for insufficiency of evidence, and remanding for resentencing. Defendant had … More Take the Fifth: Oct. 20, 2020 opinions
Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions
Designated for publication U.S. v. Barry, 19-11091, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), criminal, sentencing Affirming sentence that was based on a calculation of drug-quantity involved that relied in part on a conversion of the amount of cash possessed by defendant into the amount of drugs that would have been sold to … More Take the Fifth: Oct. 16, 2020 opinions
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