Designated for publication Clement, J. (Jones, Clement, Richman) (oral argument), criminal, sentencing Affirming 180-month sentence on conviction of selling methamphetamine that was based on a criminal history score that included an expunged state conviction. Juan Payne pleaded guilty to selling methamphetamine (461.9 grams in two transactions) under 21 U.S.C. § 841(a)(1) and (b)(1)(A). While his … More July 10, 2026, opinions
Designated for publication per curiam (Haynes, Ho, Oldham) (no oral argument), Ho, J., concurring; Oldham, J., concurring; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Peter Villa Cordova pled guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). His prior felony convictions include … More May 20, 2026, opinions
Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), King, J., dissenting; personal torts, First Amendment Reversing summary judgment dismissal of negligence claims against protest organizer by police officer who was injured while responding to the protest, and remanding for trial of claims. Officer John Ford was struck in the head with a piece … More March 19, 2026, opinions
Designated for publication Ramirez, J. (Dennis, Haynes, Ramirez), Dennis, J., concurring; First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in all public school classrooms. In June 2024, Louisiana enacted H.B. 71, mandating the display … More June 20-21, 2025, opinions
Opinions designated for publication Richman, J. (King, Richman, Higginson), prisoner suit, Eighth Amendment, appointment of counsel Vacating dismissal of plaintiff’s Eighth Amendment claims arising from denial of effective care for chronic hepatitis C virus, vacating denial of motion for appointment of counsel, and remanding for appointment of counsel and leave to amend complaint. The Court … More April 25, 2025, opinions
Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions
Designated for publication Southwick, J. (Higginbotham, Southwick, Higginson), Texas Water Code, suretyship Affirming summary judgment in favor of surety on issue regarding whether private developers were entitled to offset for liquidated damages related to delay in completion of the projects, where offset was provided for by Texas Water Code for “district contract[s].” While a municipal … More January 12, 2023, opinions
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 In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions
