Designated for publication Smith, J. (Smith, Graves, Wilson); Graves, J., dubitante; § 1983, amendment Affirming denial of untimely motion to amend, where § 1983 plaintiff failed to adequately explain the justification for his untimeliness. Judge Graves filed a dubitante opinion. “I agree that Banks failed to give an adequate excuse for his failure to diligently … More June 26, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds … More June 25, 2024, opinions
Unpublished per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal, coram nobis Dismissing as frivolous appeal from denial of motion to reconsider order denying writ of coram nobis.
Designated for publication Southwick, J. (Richman, Southwick, Oldham), election law, sovereign immunity Reversing district court’s denial of District Attorney’s motion to dismiss constitutional claims of voters and others challenging recent amendments to Texas election laws, holding that District Attorney is entitled to sovereign immunity; vacating denial of motion to dismiss for lack of standing; and … More June 20-21, 2024, opinions
Designated for publication per curiam (Willett, Engelhardt, Wilson), Appropriations Clause After reversal of initial panel opinion by the Supreme Court on the issue of the constitutionality of the CFPB’s funding structure under the Appropriations Clause, reinstating the portion of the panel judgment that affirmed the district court’s judgment rejecting Plaintiffs’ alternative arguments regarding the CFPB’s … More June 19, 2024, opinions
Designated for publication Stewart, J. (Stewart, Duncan, Engelhardt), attorney-client privilege Reversing order compelling depositions and production related to law firm reports prepared for public university arising from alleged incidents of sexual harassment, sexual assault, and racial discrimination, and remanding for further proceedings. Court held that it had jurisdiction over the appeal of the court’s discovery … More June 17-18, 2024, opinions
Designated for publication Wilson, J. (Smith, Graves, Wilson), tax law, jury instructions Finding jury instructions “irredeemably flawed,” vacating verdict in favor of taxpayer for refund of IRS-imposed penalty for failure to timely file information returns, vacating attorney fees award as the plaintiff was no longer the prevailing party, and remanding for a new trial. The … More June 13-14, 2024, opinions
Unpublished per curiam (Wiener, Stewart, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming sentence on conviction of … More June 12, 2024, opinions
Unpublished per curiam (Jolly, Higginson, Duncan), criminal, sufficiency of evidence, sentencing Affirming 460-month sentence and conviction of conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana; possession with intent to distribute 100 kilograms or more of marijuana; possession of a firearm by a convicted felon; conspiracy to transport aliens; conspiracy to … More June 11, 2024, opinions
Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied medical care for injuries, and remanding for further proceedings. Engelhardt, J. (Higginbotham, Smith, Engelhardt), qualified immunity Affirming denial of motion to dismiss excessive force claims on the basis of qualified … More June 10, 2024, opinions
