Tag: compassionate release

August 22, 2024, opinions

August 23, 2024

Designated for publication Stewart, J. (Higginbotham, Stewart, Higginson), criminal, equitable tolling, sufficiency of evidence, witness testimony Vacating conviction of making false statements on the basis that equitable tolling of the statute of limitations was unavailable; but affirming convictions of conspiracy to defraud the United States and falsification of records in a federal investigation, rejecting sufficiency … More August 22, 2024, opinions

August 16-21, 2024, opinions

August 23, 2024

Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions

July 18, 2024, opinions

July 19, 2024

Designated for publication Jones, J. (joined by Richman, C.J., and Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., with Haynes and Ramirez, JJ., concurring in judgment only); Dennis, J., dissenting (joined by King, Stewart, Graves, Higginson, Douglas, JJ.); voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity On en banc rehearing of Aug. 4, … More July 18, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

June 19, 2024, opinions

June 20, 2024

Designated for publication per curiam (Willett, Engelhardt, Wilson), Appropriations Clause After reversal of initial panel opinion by the Supreme Court on the issue of the constitutionality of the CFPB’s funding structure under the Appropriations Clause, reinstating the portion of the panel judgment that affirmed the district court’s judgment rejecting Plaintiffs’ alternative arguments regarding the CFPB’s … More June 19, 2024, opinions

June 17-18, 2024, opinions

June 19, 2024

Designated for publication Stewart, J. (Stewart, Duncan, Engelhardt), attorney-client privilege Reversing order compelling depositions and production related to law firm reports prepared for public university arising from alleged incidents of sexual harassment, sexual assault, and racial discrimination, and remanding for further proceedings. Court held that it had jurisdiction over the appeal of the court’s discovery … More June 17-18, 2024, opinions

June 10, 2024, opinions

June 11, 2024

Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied medical care for injuries, and remanding for further proceedings. Engelhardt, J. (Higginbotham, Smith, Engelhardt), qualified immunity Affirming denial of motion to dismiss excessive force claims on the basis of qualified … More June 10, 2024, opinions

June 5-7, 2024, opinions

June 10, 2024

Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions

May 23-29, 2024, opinions

May 30, 2024

Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions

May 21, 2024, opinions

May 22, 2024

Designated for publication Southwick, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act Affirming denial of a second motion for sentence reduction under the First Step Act filed by defendant serving concurrent 360-month sentences for multiple drug conspiracy offenses involving both crack and powder cocaine and a consecutive 120-month sentence for using and possessing a semiautomatic … More May 21, 2024, opinions