Designated for publication Smith, J. (Smith, Clement, Haynes), criminal, search and seizure Affirming conviction of illegal possession of firearms by an illegal alien, and upholding denial of motion to suppress statement and weapons found in search of trailer after officers served an administrative warrant on defendant. The Court held there was no clear error in … More September 23, 2022, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Graves, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Dennis, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal.
Designated for publication Southwick, J. (Jones, Southwick, Oldham), immigration Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Court held that several of the petitioner’s claims of procedural … More September 21, 2022, opinions
Designated for publication Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring in part; insurance, COVID-19 Affirming dismissal of plaintiff’s claims against insurer, agent, and broker after denial of claims for direct physical loss of or damage to property arising from income lost during mandatory pandemic shutdown. The Court held that the district court did not … More September 20, 2022, opinions
Designated for publication Elrod, J. (Stewart, Clement, Elrod), subpoenas, sovereign immunity Reversing partial denial of motions to quash subpoenas duces tecum that had been served on county district judges to determine their role in creating and enforcing Harris County’s bail schedule, which was the subject of plaintiffs’ constitutional challenge to the county’s felony-bail system. The … More September 16-19, 2022, opinions
Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions
Designated for publication Elrod, J. (Stewart, Elrod, Graves), Water Resources Development Act Affirming 12(b)(6) dismissal of two shipping companies’ claims that a waterway district violated the WRDA by charging tonnage-based user fees for use of the waterway facilities to pay its local match for a federally authorized project under the Act to deepen and improve … More September 14, 2022, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal, sentencing, guilty plea Granting summary affirmance of numerous sentences, some consecutive and some concurrent, totaling 480 months’ of concurrent imprisonment, on convictions of conspiracy to possess cocaine with the intent to distribute, possession of heroin with the intent to distribute, possession of 50 grams or more of methamphetamine … More September 13, 2022, opinions
Unpublished per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Dennis), deceptive trade practices, timeliness Affirming dismissal of deceptive trade practices and fraud claims as barred by the relevant Texas statutes of limitation, in claim arising from restoration or replication of 1959 Maserati race car. per … More September 12, 2022, opinions
Designated for publication per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings. The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the … More September 9, 2022, opinions
