Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. Florence v. Lumpkin, 19-41036, appeal from S.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of dismissal of prisoner suit, for lack of timely notice of appeal. U.S. v. Renteria-Patino, … More Take the Fifth: May 4, 2021 opinions
Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 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 Take the Fifth: April 2021 statistics
Designated for publication Douglas v. Nippon Yusen Kabushiki Kaisha, 20-30379, appeal from E.D. La. per curiam (King, Elrod, Willett), Elrod, J., specially concurring, joined by WIllett, J.; personal jurisdiction Affirming dismissal of two lawsuits against Japanese company that chartered boat that collided with U.S. Navy vessel in Japanese territorial waters, killing seven sailors and injuring … More Take the Fifth: April 30, 2021 opinions
Unpublished Heidari v. Barr, 18-60543, petition for review of BIA order per curiam (Owen, Barksdale, Duncan), immigration Dismissing Iranian citizen’s petition to review BIA order affirming an Immigration Judge’s (IJ) denying a motion to reopen removal proceedings for deferral of removal under the Convention Against Torture. U.S. v. Geske, 19-11334, appeal from N.D. Tex. per … More Take the Fifth: April 29, 2021 opinions
Designated for publication U.S. v. Onyeri, 18-50869, appeal from W.D. Tex. Clement, J. (Owen, Clement, Higginson), criminal, RICO, search and seizure Affirming RICO conviction for pattern of criminal activity culminating in attempted assassination attempt on state judge. The Court held that the district court did not err in denying a motion to suppress evidence from … More Take the Fifth: April 28, 2021 opinions
Unpublished Garcia v. Harlingen County, 19-40860, appeal from S.D. Tex. per curiam (Jolly, Elrod, Graves), prisoner suit Affirming dismissal of prisoner suit as frivolous. U.S. v. Clark, 20-10364, appeal from N.D. Tex. per curiam (Jones, Costa, Duncan), habeas corpus, firearms violation Reversing district court’s denial of successive § 2255 petition, and vacating conviction under 18 … More Take the Fifth: April 27, 2021 opinions
Designated for publication Sanchez v. Oliver, 20-50282, appeal from W.D. Tex. Clement, J. (Jones, Clement, Graves), qualified immunity, deliberate indifference Reversing district court’s summary judgment dismissal of deliberate indifference claim against clinical social worker who had taken pretrial detainee off suicide watch prior to his committing suicide, and remanding for further proceedings. The victim’s mother … More Take the Fifth: April 26, 2021 opinions
Designated for publication Thomas v. Lumpkin, 17-70002, appeal from E.D. Tex. Southwick, J. (Jones, Southwick, Higginson), Higginson, J., dissenting in part; habeas corpus, ineffective assistance of counsel Affirming denial of federal habeas petition for death-row inmate, in ineffective assistance of counsel (“IAC”) issues. The Court first held that it has jurisdiction, that the petitioner’s notice … More Take the Fifth: April 23, 2021 opinions
Designated for publication Aguirre v. City of San Antonio, 17-51031, appeal from W.D. Tex. Dennis, J. (Jolly, Dennis, Higginson), Jolly, J., concurring; Higginson, J., concurring; excessive force, qualified immunity, municipal liability Vacating summary judgment on qualified immunity grounds as to claims against officer defendants for holding arrestee in hog-tied, “maximum restraint” position for five and … More Take the Fifth: April 22, 2021 opinions
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