Tag: Brady violation

February 14, 2022, opinions

February 16, 2022

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

Take the Fifth: Oct. 20, 2020 opinions

October 21, 2020

Designated for publication U.S. v. Sila, 17-11212, appeal from N.D. Tex. Elrod, J. (Higginbotham, Elrod, Haynes), criminal, sentencing, sufficiency of evidence Affirming two counts of indictment regarding theft of government funds and aggravated identity theft, vacating one count of indictment regarding theft of government funds for insufficiency of evidence, and remanding for resentencing. Defendant had … More Take the Fifth: Oct. 20, 2020 opinions