Unpublished U.S. v. Higgins, 19-10885, appeal from N.D. Tex. per curiam (Higginbotham, Jones, Costa), criminal, sentencing, supervised release Affirming special conditions as part of supervised release sentence the district court’s order to participate in treatment for substance dependency, to contribute to the cost of that treatment, and to abstain from the use of alcohol and … More Take the Fifth: Feb. 4, 2021 opinions
Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions
Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Unpublished Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex. per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings. … More Take the Fifth: Dec. 16, 2020 opinions
Unpublished U.S. v. Martinez-Tapia, 18-40649, appeal from S.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and dismissing appeal. Pierre v. Local Rule Policy Maker for the First Circuit Court of Appeal, 19-30738, appeal from M.D. La. per curiam (Stewart, Graves, Higginson), prisoner suit Denying IFP status, dismissing appeal as frivolous, … More Take the Fifth: December 10, 2020 opinions
Designated for publication Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. v. Kauffman, 17-50282, appeal from W.D. Tex. En banc; abortion law, preliminary injunction, stare decisis, § 1983 Owen, J., joined by Jolly, Jones, Smith, Elrod, Southwick, Willett, Ho, Duncan, Engelhardt, JJ.; Haynes, J., concurring in judgment and joining in reasoning … More Take the Fifth: Nov. 23, 2020 opinions
Unpublished Velazquez v. U.S., 19-10138, appeal from N.D. Tex. per curiam (Barksdale, Elrod, Ho), Federal Tort Claims Act, prisoner suit, jurisdiction Affirming 12(b)(1) dismissal of federal prisoner’s FTCA claim for injuries received responding to a fellow inmate’s calls for assistance, as the Inmate Accident Compensation Act provided the exclusive remedy. Jones v. Lubbock County Hospital … More Take the Fifth: Nov. 18, 2020 opinions
Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions
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