March 14-18, 2022, opinions

Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition. The Court held that it had the power to vacate … More March 14-18, 2022, opinions

February 14, 2022, opinions

Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions

December 10-14, 2021, opinions

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

December 1, 2021, opinions

Designated for publication Angel Brothers Enterprises, Ltd. v. Walsh, 20-60849, petition for review of OSH Review Commission Decision Costa, J. (Jones, Costa, Duncan), Jones, J., dissenting; administrative law, occupational safety Denying petition for review of decision by the Occupational Safety and Health Review Commission, which imputed supervisor’s knowledge of safety rule violation (doing excavation work … More December 1, 2021, opinions

November 8, 2021, opinions

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions

November 5-6, 2021, opinions

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

October 26, 2021, opinions

Designated for publication Mandawala v. Northeast Baptist Hospital, 20-50981, appeal from W.D. Tex. Smith, J. (Jones, Smith, Haynes), Haynes, J., concurring in judgment only; discrimination, recusal Affirming dismissal of pro se plaintiff’s claims against school, arising from failure of classes, for racial discrimination, First Amendment retaliation, loss of procedural due process, defamation, and intentional infliction … More October 26, 2021, opinions

August 19, 2021 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. En banc (Owen, Jones, Smith, Stewart, Dennis, Elrod, Haynes, Graves, Higginson, Costa, Willett, Ho, Engelhardt, Wilson) (recused: Southwick, Duncan, Oldham) Elrod and Willett, JJ., plurality (joined by Jones, Smith, Ho, Engelhardt, Wilson in full; concurred in judgment only by Owen and Haynes); … More August 19, 2021 opinions

August 4, 2021 opinions

Air Evac EMS, Inc. v. Sullivan, 18-50722, appeal from W.D. Tex. Ho, J. (Stewart, Clement, Ho), preemption Affirming summary judgment in favor of plaintiff, to enjoin enforcement of provisions of the Texas Workers’ Compensation Act that put caps on the amount insurers must pay providers of emergency air transport services, on the basis that the … More August 4, 2021 opinions