Designated for publication Butler v. Porter, 19-30029, appeal from W.D. La. Haynes, J. (Owen, Dennis, Haynes), Bivens claim Affirming in part, affirming the district court’s dismissal of Bivens claim for First Amendment retaliation claims and for due process claims, and affirming the district court’s denial of motions to file surreply briefs and to file amended … More Take the Fifth: June 2-3, 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: May 2021 statistics
Designated for publication Davis v. Sumlin, 20-30010, appeal from W.D. La. Oldham, J. (Higginbotham, Smith, Oldham), habeas corpus, jurisdiction Vacating district court’s denial of petitioner’s successive habeas petition on the merits, for lack of jurisdiction due to the failure to get authorization from three-judge panel before filing successive petition; and denying COA on merits of … More Take the Fifth: June 1, 2021 opinions
Designated for publication International Energy Ventures Management, LLC v. United Energy Group, Ltd., 20-20221, appeal from S.D. Tex. Oldham, J. (Haynes, Higginson, Oldham), arbitration Reversing district court’s judgment compelling arbitration on a finding that the defendant had not been prejudiced by the plaintiff’s (which was the party moving to compel arbitration) litigation conduct during the … More Take the Fifth: May 28, 2021 opinions
Unpublished U.S. v. Anyanwu, 20-10143, appeal from N.D. Tex. per curiam (Elrod, Southwick, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Campa, 20-10544, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. Jaime-Rodriguez, 20-20280, appeal from S.D. Tex. per curiam … More Take the Fifth: May 27, 2021 opinions
Designated for publication Cranor v. 5 Star Nutrition, LLC, No. 19-51173, appeal from W.D. Tex. Oldham, J. (Davis, Stewart, Oldham), standing, Telephone Consumer Protection Act Reversing dismissal of plaintiff’s TCPA claim on standing grounds, holding that a single unsolicited text message to the plaintiff’s cell phone was sufficient to confer standing under the TCPA. “We … More Take the Fifth: May 26, 2021 opinions
Unpublished U.S. v. Vasquez, 18-50497, appeal from W.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. McCollum v. Valdez, 19-10729, appeal from N.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of prisoner’s § 1983 suit as frivolous. U.S. v. Cantu-Saldivar, 20-40187, appeal from S.D. Tex. … More Take the Fifth: May 25, 2021 opinions
Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions
Designated for publication Maniar v. Garland, 18-60667, petition for review of BIA order Ho, J. (Barksdale, Elrod, Ho), immigration Denying in part and dismissing in part petition to review BIA order upholding IJ’s removal order on the basis that the petitioner had committed an aggravated felony. The Court held that the petitioner’s conviction of conspiracy … More Take the Fifth: May 20, 2021 opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); criminal, search and seizure Vacating January 5, 2021 opinion that vacated sentence of conviction on child pornography charges and reversed district court’s denial of motion … More Take the Fifth: May 19, 2021 opinions
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