Designated for publication Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions
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
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
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (no oral argument), Graves, J., dissenting in part; criminal, sentencing, restitution Affirming enhanced sentence for receipt of child pornography; and affirming in part and vacating in part restitution awards. Mendoza pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) after DHS discovered … More August 7, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (no oral argument), qualified immunity Affirming qualified immunity summary judgment dismissal of claim against officer on excessive force claim. On April 27, 2022, Houston police pursued Jalen Randle to execute three felony warrants (aggravated assault, felon in possession of a firearm, and evading arrest). After an immobilization … More July 8-9, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Designated for publication per curiam (en banc), First Amendment, en banc Ordering en banc hearing in the first instance, and consolidating for purposes of argument only, of two district court injunction decisions regarding the Texas A&M system’s dragshows policy–one from the Northern District of Texas (Spectrum WT) denying a preliminary injunction against a university ban … More June 22, 2026, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Willett, Wilson) (no oral argument), jurisdiction, civil, amendment Vacating dismissal of pro se plaintiff’s civil action … More May 21, 2026, opinions
