Tag: amendment

October 9-10, 2026, opinions

October 12, 2026

Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions

October 5, 2026, opinions

October 6, 2026

Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions

October 1-2, 2026, opinions

October 5, 2026

Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions

September 14, 2026, opinions

September 15, 2026

Designated for publication per curiam (en banc) (no oral argument at panel stage), criminal, Second Amendment, en banc Vacating May 20, 2026, panel opinion (per curiam — Haynes, Ho, Oldham; Ho, J. and Oldham, J., each separately concurring), and granting petition for rehearing en banc. Panel opinion had affirmed conviction of possession of a firearm … More September 14, 2026, opinions

September 10, 2026, opinions

September 11, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Graves, Haynes) (oral argument withdrawn); Haynes, J., dissenting in part; criminal, sentencing Vacating sentence and remanding for resentencing. Hendrickson was convicted of felon-in-possession of a firearm after he was shot five times by … More September 10, 2026, opinions

September 9, 2026, opinions

September 10, 2026

Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho) (oral argument prior to certification to state supreme court), statutory immunity, personal tort Upon receiving state supreme court opinion after June 25, 2025, certification of question regarding statutory immunity, reversing district court’s ruling that defendant had immunity and remanding for further proceedings. The Breauxs and the Blanchards … More September 9, 2026, opinions

August 19-21, 2026, opinions

August 22, 2026

Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), criminal, sentencing, guilty plea On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence in light of appeal waiver in plea agreement. Davantae London robbed multiple Wal-Mart stores at gunpoint in the Houston area. As part of his plea agreement, he waived … More August 19-21, 2026, opinions

August 14, 2026, opinions

August 19, 2026

Designated for publication per curiam (Elrod, Clement, Oldham) (oral argument withdrawn), immigration Denying Salvadoran citizen’s petition for review of BIA’s denial of his request for deferral of removal under the Convention Against Torture. Jose Mauricio Lopez-Barrera, a Salvadoran national, petitioned for review of the BIA’s denial of his request for deferral of removal under the … More August 14, 2026, opinions

August 13, 2026, opinions

August 14, 2026

Designated for publication Elrod, C.J. (joined by Jones, Smith, Stewart, Richman, Southwick, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.), Haynes, J., concurring in denial only (w/o separate opinion); immigration, amendment Denying, without prejudice, motion to amend on appeal to add five new class representatives Three Venezuelan nationals filed a habeas petition … More August 13, 2026, opinions

August 5, 2026, opinions

August 6, 2026

Designated for publication Graves, J. (Wiener, Haynes, Graves) (oral argument), takings, preemption Affirming dismissal of challenges to City’s short-term rentals regulations. New Orleans has enacted a series of ordinances to address the negative effects of short-term rentals (e.g., Airbnb) on residential neighborhoods, including noise, trash, loss of neighborhood character, and reduced affordable housing. A group … More August 5, 2026, opinions