Tag: abstention

August 25, 2026, opinions

August 26, 2026

Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions

June 4, 2026, opinions

June 5, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument at motion stage), Haynes, J., concurring in order only (w/o op.); First Amendment, vagueness, injunctions Granting defendant Texas’s motion for stay of preliminary injunction pending appeal regarding SB 2420, which placed age and parental-guidance regulations on app stores and in-app purchases. The Texas Legislature … More June 4, 2026, opinions

January 9, 2026, opinions

January 12, 2026

Designated for publication Clement, J. (Clement, Graves, Ho) (oral argument withdrawn), Ho, J., concurring; criminal, sentencing Vacating sentence on conviction of failing to register as a sex offender, and remanding for resentencing. The Fifth Circuit held that the district court erred in sentencing Sergio Yovani Quintanilla-Matamoros based on an incorrect sex-offender tier under the Sex … More January 9, 2026, opinions

November 18-20, 2025, opinions

November 24, 2025

Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Federal Tort Claims Act Affirming dismissal of FTCA claims. The Fifth Circuit reviewed pro se claims brought by Howard and Theresa Ellsworth under the Federal Tort Claims Act (FTCA), arising from alleged negligent diabetes treatment Mr. Ellsworth received at VA facilities between 2016 and … More November 18-20, 2025, opinions

October 20, 2025, opinions

October 21, 2025

Unpublished decisions Richman, J. (Richman, Haynes, Duncan) (oral argument), insurance Reversing in part and affirming in part dismissal of claims against insurer for a declaration of insurer’s duty to defend and indemnify: reversing the magistrate judge’s dismissal of BPX’s duty-to-defend and duty-to-indemnify claims, vacating and remanding BPX’s declaratory judgment claim, and affirming the magistrate judge’s … More October 20, 2025, opinions

June 17-18, 2024, opinions

June 19, 2024

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

Take the Fifth: Oct. 9, 2020 opinions

October 12, 2020

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions