June 16-17, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 2022, opinions

June 7-12, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions

June 1-3, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions

May 12, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication U.S. v. Perry, 17-30610, c/w U.S. v. Price, 17-30611, appeal from E.D. La. Higginson, J. (Jones, Higginson, Duncan), criminal, sufficiency of evidence, Batson … More May 12, 2022, opinions

May 2-3, 2022, opinions

Designated for publication Consumer Financial Protection Bureau v. All American Check Cashing, Inc., 18-60302, appeal from S.D. Miss. per curiam (Richman, Higginbotham, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson); Jones, J., concurring (joined by Elrod, Duncan, Engelhardt, Oldham, JJ.); Oldham, J., concurring in judgment (joined by Engelhardt, … More May 2-3, 2022, opinions

April 13-14, 2022, opinions

Designated for publication Foster v. Warden, 20-10841, appeal from N.D. Tex. Southwick, J. (Dennis, Southwick, Wilson), mootness Vacating dismissal on mootness grounds of former military prisoner’s suit regarding the constitutionality of term of supervised release he had been found to have violated, and remanding to district court for determination of whether post-imprisonment effect on eligibility … More April 13-14, 2022, opinions

April 1, 2022, opinions

Designated for publication Defense Distributed v. Bruck, 21-50327, appeal from W.D. Tex. Jones, J. (Jones, Elrod, Higginson), Higginson, J., dissenting; mandamus, First Amendment, venue transfer, severance Granting mandamus ordering the district court to request retransfer back to it of a claim against the New Jersey Attorney General (“NJAG”) that it has severed from a larger … More April 1, 2022, opinions

March 19-31, 2022, opinions

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions

March 10-11, 2022, opinions

Designated for publication Fakhuri v. Garland, 19-60275, petition for review of BIA order Smith, J. (Smith, Costa, Wilson), immigration Denying in part and dismissing in part Jordanian citizen’s (and legal permanent resident’s) petition for review of BIA order sustaining IJ’s determination that Tennessee conviction of money laundering was an “aggravated felony” supporting removal, on basis … More March 10-11, 2022, opinions

March 7-8, 2022, opinions

Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions