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
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 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 Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Unpublished Graves, J. (Richman, Graves, Wilson), criminal, restitution Affirming district court’s order to Bureau of Prisons to transfer funds from defendant’s inmate account to cover restitution payments. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming 540-month sentence on conviction of conspiracy to commit carjacking, carjacking, brandishing a firearm during a crime of violence, attempted carjacking, … More May 20, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Ho), criminal, search and seizure Affirming conviction of defendant for transporting undocumented aliens, upholding denial of motion to suppress that was brought on the basis that the alert of a Border Patrol canine was insufficient reasonable suspicion to extend the stop and probable cause to search because the … More May 16-17, 2024, opinions
Designated for publication Stewart, J. (Richman, Stewart, Dennis), habeas corpus Affirming district court’s dismissal of second-in-time § 2254 petition as a successive habeas petition, rejecting argument that the fact that the appeal of the denial of the petitioner’s first-in-time § 2254 petition was still pending made his second-in-time petition merely an amendment of the first-in-time … More April 12-15, 2024, opinions
Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Dennis, J., dissenting; bankruptcy Vacating bankruptcy court’s award of $239,655 in compensatory damages on civil contempt award, and remanding for further proceedings. The Court held that the bankruptcy court’s limited contempt power–limited to civil contempt–meant that it may only shift fees that are compensatory for actual expenses … More April 4, 2024, opinions
