June 7-12, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions

March 19-31, 2022, opinions

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions

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

March 7-8, 2022, opinions

Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions

March 1-4, 2022, opinions

Designated for publication Collins v. Yellen, 17-20364, appeal from S.D. Tex. per curiam (joined by Owen, Jones, Smith, Elrod, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Haynes, J., dissenting, joined by Stewart, Dennis, Graves, Costa, JJ.); separation of powers After partial vacatur and remand by U.S. Supreme Court of en banc decision at … More March 1-4, 2022, opinions

February 15, 2022, opinions

Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 2022, opinions

February 4-7, 2022, opinions

Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions

January 11-14, 2022, opinions

Designated for publication Williams v. Boeing Co., 18-31158, appeal from E.D. La. Southwick, J. (Southwick, Graves, Engelhardt), personal tort, multi-district litigation Reversing in part final judgment entered in mesothelioma case by district court in Louisiana after summary judgment by MDL court in Pennsylvania, and remanded for further proceedings. The Court held that the MDL district … More January 11-14, 2022, opinions

January 4, 2022, opinions

Designated for publication Aviles-Tavera v. Garland, 20-60587, petition for review of BIA order Higginbotham, J. (Higginbotham, Stewart, Wilson), immigration Denying Mexican citizen’s petition for review of BIA determination that he is statutorily ineligible for withholding of removal and not entitled to protection under the Convention Against Torture. In a prior removal proceeding, the IJ determined … More January 4, 2022, opinions

January 3, 2022, opinions

Designated for publication Parada-Orellana v. Garland, 19-60645, petition for review of BIA order Wilson, J. (Higginbotham, Stewart, Wilson), immigration Denying petition for panel rehearing; withdrawing August 6, 2021, panel opinion and substituting new panel opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s motion to rescind in absentia order of … More January 3, 2022, opinions