Tag: compassionate release

October 24, 2022, opinions

October 25, 2022

Unpublished per curiam (Haynes, Engelhardt, Oldham), Rooker-Feldman doctrine Dismissing as frivolous appeal from dismissal of RICO claims under the Rooker-Feldman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

October 11-17, 2022, opinions

October 18, 2022

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

October 6, 2022, opinions

October 7, 2022

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

October 4-5, 2022, opinions

October 6, 2022

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

September 23, 2022, opinions

September 26, 2022

Designated for publication Smith, J. (Smith, Clement, Haynes), criminal, search and seizure Affirming conviction of illegal possession of firearms by an illegal alien, and upholding denial of motion to suppress statement and weapons found in search of trailer after officers served an administrative warrant on defendant. The Court held there was no clear error in … More September 23, 2022, opinions

September 20, 2022, opinions

September 21, 2022

Designated for publication Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring in part; insurance, COVID-19 Affirming dismissal of plaintiff’s claims against insurer, agent, and broker after denial of claims for direct physical loss of or damage to property arising from income lost during mandatory pandemic shutdown. The Court held that the district court did not … More September 20, 2022, opinions

September 13, 2022, opinions

September 14, 2022

Unpublished per curiam (Higginbotham, Graves, Ho), criminal, sentencing, guilty plea Granting summary affirmance of numerous sentences, some consecutive and some concurrent, totaling 480 months’ of concurrent imprisonment, on convictions of conspiracy to possess cocaine with the intent to distribute, possession of heroin with the intent to distribute, possession of 50 grams or more of methamphetamine … More September 13, 2022, opinions

September 8, 2022, opinions

September 9, 2022

Designated for publication Richman, C.J. (Richman, Barksdale, Duncan), qualified immunity Denying petition for rehearing en banc, withdrawing February 15, 2022, panel opinion and substituting new opinion, again reversing the denial of qualified immunity on the plaintiff’s excessive force claims and rendering judgment dismissing those claims, but expressing no opinion on unlawful arrest and bystander injury … More September 8, 2022, opinions