Tag: § 1981

October 13, 2023, opinions

October 16, 2023

Designated for publication Smith, J. (Smith, Southwick, Higginson), criminal, expert witness Affirming conviction of sex trafficking of a child, upholding introduction of evidence pulled from defendant’s cell phone using Cellebrite technology without the investigator through whose testimony the evidence was submitted being first qualified as an expert witness. The Court rejected the defendant’s argument that … More October 13, 2023, opinions

August 16, 2023, opinions

August 17, 2023

Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions

August 7, 2023, opinions

August 8, 2023

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions

Take the Fifth: March 10, 2021 opinions

March 11, 2021

Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions