Designated for publication Ho, J. (Jones, Ho, Wilson), administrative law, standing Granting petition for review of NRC order, and vacating license for temporary storage for spent nuclear fuel, holding that the NRC does not have authority under the Atomic Energy Act to license temporary nuclear waste storage facilities. The Court first held that the petitioners … More August 25, 2023, opinions
Designated for publication per curiam (Haynes, Engelhardt, Saldaña, by designation), Engelhardt, J., concurring; criminal, sentencing Affirming upward departure from 15-21-month guidelines range to impose 72-month sentence for convictions of identity theft and possession of a firearm by a convicted felon. The Court held that the district court did not abuse its discretion, as the district … More July 26, 2023, opinions
Designated for publication Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.” Judge Oldham concurred in the judgment, but for a … More May 19-22, 2023, opinions
Designated for publication Wiener, J. (Wiener, Graves, Duncan), sec. 1983 After receiving decision from Texas Supreme Court on certified question, affirming district court’s summary judgment dismissal of plaintiff’s sec. 1983 claims arising from wrongful capital conviction, on the basis that the plaintiff’s receipt of compensation under Texas’s Tim Cole Act–even though that compensation came after … More April 19-21, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Higginson), bankruptcy Affirming district court’s affirmance of bankruptcy court’s order approving credit-bid sale of hotel property to debtor’s parent company and discharge of all liens, holding that the lender was a good faith purchaser. Elrod, J. (Wiener, Elrod, Engelhardt), criminal, guilty plea, restitution Affirming $75,000 restitution award as … More April 17, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Jones, J. (Jones, Southwick, Oldham), § 1983, qualified immunity Affirming dismissal of claims arising from conviction and thirty years of incarceration for capital murder and subsequent release of original plaintiff upon determination that someone else committed the murder. District court dismissed claims under 12(b)(6) against the DA and former coroner upon finding … More February 15, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions
Designated for publication Smith, J. (Smith, Haynes, by quorum); attorneys’ fees, breach of fiduciary duty Affirming summary judgment in favor of defendants on plaintiffs’ claims for breach of fiduciary duty, negligence, and conspiracy to commit theft, and affirming award of attorneys’ fees. The district court awarded summary judgment to J.P. Morgan entities on the plaintiffs’ … More January 11, 2023, opinions
Designated for publication per curiam (Jones, Ho, Wilson), criminal, sentencing, Armed Career Criminal Act Vacating sentence on conviction of being a felon in possession of a firearm, and remanding for resentencing, disagreeing with the district court that the ACCA (which would increase the statutory maximum from ten years to a minimum of 15 years) was … More September 26-28, 2022, opinions
