Category: Take the Fifth

September 4, 2026, opinions

September 7, 2026

Designated for publication Willett, J. (Stewart, Clement, Willett) (oral argument heard on initial review); criminal, guilty plea, Second Amendment, Commerce Clause Upon remand from U.S. Supreme Court, affirming conviction of firearm-possession-by-controlled-substance-user on guilty plea, rejecting challenge to appeal-waiver. Kenleone Joe Nyandoro was charged with possessing a firearm as an unlawful user of a controlled substance … More September 4, 2026, opinions

September 3, 2026, opinions

September 4, 2026

Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions

September 2, 2026, opinions

September 3, 2026

Designated for publication per curiam (King, Smith, Ramirez) (oral argument), qualified immunity Reversing denial of qualified immunity, and rendering judgment dismissing claims against officer defendants. In February 2021, Harris County Constable’s officers responded to a 911 call about two men screaming outside a caller’s home; the caller reported having a weapon. Canine-handling Officer Johnson arrived … More September 2, 2026, opinions

September 1, 2026, opinions

September 2, 2026

Designated for publication per curiam (King, Smith, Ramirez) (oral argument), criminal, restitution Affirming restitution award on misdemeanor depravation of rights conviction. Luis Enrique Padilla, the former chief of the Sunset Police Department in Sunset, Louisiana, used excessive force against a handcuffed individual, R.A., during a hit-and-run investigation in December 2023. Padilla “warned ‘let me show … More September 1, 2026, opinions

August 31, 2026, opinions

September 1, 2026

Unpublished decisions per curiam (Smith, Southwick, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Southwick, Oldham) (no oral argument), criminal, sentencing Affirming 21-month sentence on conviction of illegal reentry. per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per … More August 31, 2026, opinions

August 28, 2026, opinions

August 31, 2026

Published decisions Douglas, J. (Stewart, Engelhardt, Douglas) (oral argument), qualified immunity Affirming grant of qualified immunity summary judgment for claims arising from detainee’s death. Alberto Pena was arrested for criminal mischief in Starr County, Texas, while heavily intoxicated. During transport, he struck his head on the interior of a patrol car multiple times and may … More August 28, 2026, opinions

August 27, 2026, opinions

August 28, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), copyright, Digital Millenium Copyright Act Remanding from district court’s denial of DMCA claims, for reconsideration under an appropriate standard to review what constitutes protected copyright management information. Emmerich Newspapers, a publisher of over 26 local news publications, sued Particle Media, the operator of the NewsBreak … More August 27, 2026, opinions

August 26, 2026, opinions

August 27, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 2026, opinions

August 25, 2026, opinions

August 26, 2026

Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions