Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you. Designated for publication Smith, J. (Smith, Barksdale, Haynes), criminal Vacating conviction for failure to register as a sex offender on basis that guilty … More November 16-23, 2022, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Unpublished per curiam (Wiener, Elrod, Engelhardt), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 suit as frivolous. per curiam (Higginbotham, Graves, Ho), criminal, compassionate release, restitution Affirming denial of motions for compassionate release and suspension of restitution collection. per curiam (Higginbotham, Graves, Ho), criminal, sentencing Affirming conviction and 200-month sentence for drug and … More November 1, 2022, opinions
Designated for publication Clement, J. (Clement, Duncan, Wilson), qualified immunity Dismissing appeal of denial of summary judgment on qualified immunity grounds, where summary judgment was denied based on a finding of a dispute of material fact. The Court held that its jurisdiction to review a denial of qualified immunity summary judgment was limited to the … More October 31, 2022, opinions
Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, opinions
Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman doctrine. per curiam (Smith, Dennis, Southwick), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jolly, Oldham, Wilson), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Haynes, … More October 24, 2022, opinions
Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions
Designated for publication per curiam (Higginbotham, Graves, Ho), bankruptcy Affirming district court’s judgment accepting debtor’s decision under 11 U.S.C. § 365 to reject commercial lease (including sublease to appealing claimant) under the business judgment rule, and rejecting claimant’s argument that bad faith in a third party’s negotiations with the claimant tainted the decision to reject … More October 6, 2022, opinions
Designated for publication per curiam (Clement, Duncan, Wilson), prisoner suit, First Amendment Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims that confiscation of religious materials violated his First Amendment rights. The Court held that TDJC policies regarding storage of personal property and the confiscation of any personal property not stored properly according … More October 4-5, 2022, opinions
