Category: Take the Fifth

January 20-23, 2023, opinions

January 24, 2023

Unpublished per curiam (Higginbotham, Graves, Ho), criminal, First Step Act Affirming denial of motion for sentence reduction under the First Step Act. per curiam (Higginbotham, Duncan, Engelhardt), class action Vacating certification of class in suit against Louisiana Department of Health and related officials regarding alleged violation of required services under Medicaid’s Early and Periodic Screening, … More January 20-23, 2023, opinions

January 18-19, 2023, opinions

January 20, 2023

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions

January 17, 2023, opinions

January 18, 2023

Designated for publication Oldham, J. (Higginbotham, Jones, Oldham), Higginbotham, J., concurring; criminal, compassionate release Affirming denial of motion for compassionate release, holding that the defendant’s arguments instead should have been made on direct appeal or in habeas through a § 2255 petition. Defendant had been convicted of three cocaine distribution counts and one count of … More January 17, 2023, opinions

January 16, 2023, opinions

January 17, 2023

Unpublished per curiam (Jones, Southwick, Ho), foreclosure, mootness Dismissing as moot appeal from suit arising from a mortgage foreclosure suit. per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Dennis, Willett), criminal Granting … More January 16, 2023, opinions

January 13, 2023, opinions

January 16, 2023

Unpublished per curiam (Barksdale, Elrod, Haynes), prisoner suit, qualified immunity Affirming qualified immunity-based dismissal of Texas state prisoner’s sec. 1983 claim. per curiam (Barksdale, Elrod, Haynes), habeas corpus Affirming dismissal of sec. 2241 petition on jurisdictional grounds. per curiam (Stewart, Willett, Oldham), legal malpractice Reversing and remanding from dismissal of legal malpractice claims under Texas … More January 13, 2023, opinions

January 12, 2023, opinions

January 13, 2023

Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), Texas Water Code, suretyship Affirming summary judgment in favor of surety on issue regarding whether private developers were entitled to offset for liquidated damages related to delay in completion of the projects, where offset was provided for by Texas Water Code for “district contract[s].” While a municipal … More January 12, 2023, opinions

January 11, 2023, opinions

January 12, 2023

Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions

January 10, 2023, opinions

January 11, 2023

Designated for publication Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black. The Court first held, differently from … More January 10, 2023, opinions

January 9, 2023, opinions

January 10, 2023

Designated for publication per curiam (Smith, Southwick, Douglas), criminal, restitution Affirming the denial of a motion for adjustment of a restitution order, holding that an inmate’s $1400 stimulus payment under the American Rescue Plan Act was not exempt from being applied toward a restitution order. Unpublished per curiam (King, Stewart, Haynes), criminal, guilty plea Affirming … More January 9, 2023, opinions

January 3-6, 2023, opinions

January 9, 2023

Catching up from traveling, so summaries of published opinions will not include the usual detail. Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J. (joined by Richman, C.J.), concurring in judgment only; Ho, J. (joined by Richman, Southwick, JJ.), concurring in part … More January 3-6, 2023, opinions