Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions
Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions
Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions
Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More June 2023 opinion statistics
Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), immigration Denying Ecuadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia order of removal; holding that it was the petitioner’s duty to correct the address he had provided to immigration officials that misspelled (by one letter) the city … More June 2, 2023, opinions
Designated for publication Wiener, J. (Wiener, Southwick, Duncan), criminal, sentencing Affirming reliance on obstruction of justice enhancement to apply to base sentencing level, resulting in 21-month sentence on conviction of assaulting, resisting, or impeding various officers or employees. The Court held that the district court did not clearly err in finding that the defendant obstructed … More June 1, 2023, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More May 2023 opinion statistics
Unpublished per curiam (Richman, Dennis, Haynes), prisoner suit Vacating 41(b) dismissal of Texas state prisoner’s § 1983 suit, concluding that lesser sanctions would prompt diligent prosecution of suit, and remanding for further proceedings. per curiam (Graves, Ho, Duncan), breach of contract Reversing judgment on jury verdict in favor of company’s former CEO on his breach … More May 31, 2023, opinions
