Category: Take the Fifth

July 25, 2025, opinions

July 28, 2025

Unpublished decisions per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction of possession of a stolen firearm. per curiam (Higginbotham, Jones, Oldham), criminal, new trial Affirming denial of … More July 25, 2025, opinions

July 24, 2025, opinions

July 25, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), takings, trespass Affirming district court’s judgment that property owner was not entitled as part of just compensation for land taken by government for border wall the value of the portion of the wall built outside the easement previously obtained by the government. Mary Bennett owns … More July 24, 2025, opinions

July 23, 2025, opinions

July 24, 2025

Designated for publication Richman, J. (Richman, Willett, Douglas), Douglas, J., dissenting in part; criminal, due process, immigration Affirming conviction of illegal reentry. Ismael Adan Ortiz-Rodriguez was removed from the United States in 2017 following expedited removal proceedings initiated by DHS. In 2023, he was convicted of illegal reentry under 8 U.S.C. § 1326(a). Before trial, … More July 23, 2025, opinions

July 22, 2025, opinions

July 24, 2025

Designated for publication per curiam (Stewart, Clement, Willett), criminal, sentencing Withdrawing prior opinion after petition for rehearing, and substituting new opinion affirming sentence of defendant on issue of intervening amendment to Sentencing Guidelines. Darrell Wickware, previously convicted of robbery under Texas law, was charged in 2021 with unlawful possession of a firearm as a convicted … More July 22, 2025, opinions

July 21, 2025, opinions

July 22, 2025

Richman, J. (Richman, Willett, Douglas), Americans with Disabilities Act, sec. 1983, expert witness Affirming district court’s exclusion of plaintiff’s expert witness and grant of Rule 50 motion dismissing plaintiff’s ADA claim. William Carter, a paraplegic man, was jailed for eight days in the Shreveport City Jail for unauthorized use of 911. Prior to his incarceration, … More July 21, 2025, opinions

July 18, 2025, decisions

July 21, 2025

Designated for publication per curiam (Jolly, Graves, Wilson), Title IX Affirming summary judgment in favor of school district on middle school student’s Title IX deliberate-indifference sex-discrimination claim arising from bullying of student as “gay” by other students and from suspension of student after a bullying incident. M.K., a student previously homeschooled, entered the Pearl River … More July 18, 2025, decisions

July 17, 2025, opinions

July 18, 2025

Designated for publication Higginson, J. (Graves, Higginson, Wilson), Age Discrimination in Employment Act, sec. 1983 Affirming dismissal of ADEA claim for failure to exhaust and to respond to a timeliness challenge, and dismissal of sec. 1983 claim for failure to plead a protected property interest in at-will employment. Jose E. Amstutz, a former Harris County … More July 17, 2025, opinions

July 16, 2025, opinions

July 17, 2025

Designated for publication Guidry, J. (Elrod, Enhelhardt, Guidry, by designation), qualified immunity Dismissing appeal of denial of qualified immunity dismissal as an interlocutory appeal. Deputy Jose Nunez responded to a 911 call about a possible home invasion but ended up shooting Stephen Benavides, the unarmed father of the homeowner, upon arrival. Body camera footage showed … More July 16, 2025, opinions

July 15, 2025, opinions

July 16, 2025

Designated for publication Graves, J. (Clement, Graves, Willett), venue Granting in part petition for writ of mandamus, vacating order denying transfer of venue, and remanding for district court to conduct appropriate venue analysis. The case stems from a November 2023 article by Media Matters criticizing X Corp. (formerly Twitter) for placing major brand ads alongside … More July 15, 2025, opinions

July 14, 2025, opinions

July 15, 2025

Designated for publication per curiam (Southwick, Oldham, Ramirez), criminal, sentencing, Second Amendment Affirming conviction and sentence for possession of a firearm by a felon. Joseph Terrell Goody, a known gang member with a lengthy criminal record, was convicted of being a felon in possession of a firearm after police discovered a loaded rifle hidden in … More July 14, 2025, opinions