Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), immigration Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction. The Court held, under the Immigration and Naturalization … More April 9, 2024, opinions
Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Dennis, J., dissenting; bankruptcy Vacating bankruptcy court’s award of $239,655 in compensatory damages on civil contempt award, and remanding for further proceedings. The Court held that the bankruptcy court’s limited contempt power–limited to civil contempt–meant that it may only shift fees that are compensatory for actual expenses … More April 4, 2024, opinions
Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Jones, Smith, Elrod, Haynes, Ho, Duncan, Engelhardt, Wilson; voting for en banc rehearing: Stewart, Southwick, Graves, Higginson, Willett, Douglas, Ramirez; recused: Oldham, J.); Jones, J., concurring in denial of rehearing (joined by Smith, Elrod, Ho, Engelhardt, Wilson, JJ.); Higginson, J., dissenting from denial of … More March 14, 2024, opinions
Designated for publication per curiam (Jones, Haynes, Douglas, JJ.), prisoner suit Granting stay pending appeal of remedial order regarding medical care and ADA compliance affecting state prisoners. Unpublished per curiam (King, Haynes, Graves), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jolly, Higginson, Duncan), criminal, compassionate release Affirming denial of motion … More March 6, 2024, opinions
