July 26, 2021 opinions

Designated for publication U.S. v. Sharp, 20-60437, appeal from N.D. Miss. Costa, J. (Jones, Southwick, Costa), criminal, search and seizure, sufficiency of evidence, severance, Confrontation Clause, right to counsel Affirming conviction on fifteen drug trafficking and firearms counts arising from three separate incidents. The Court held there was no clear error in the district court’s … More July 26, 2021 opinions

July 13, 2021 opinions

Designated for publication U.S. v. Gaspar-Felipe, 19-50997, appeal from W.D. Tex. Duncan, J. (Jones, Costa, Duncan), criminal, sentencing, Confrontation Clause, sufficiency of evidence Affirming convictions and 78-month sentence for defendant’s role in an alien smuggling operations in which the person being smuggled died. The Court held that there was no Confrontation Clause violation in the … More July 13, 2021 opinions

Take the Fifth: Nov. 2-6, 2020 opinions

Designated for publication Pizza Inn, Inc. v. Clairday, 19-11302, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), breach of contract, equitable intervention doctrine Reversing district court’s upholding of jury verdict in favor of franchisee, applying equitable intervention doctrine and awarding damages and attorneys’ fees to franchisee for pizza franchise’s refusal to renew contract when … More Take the Fifth: Nov. 2-6, 2020 opinions

Take the Fifth: Oct. 30, 2020 opinions

Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions

Take the Fifth: Oct. 23, 2020 opinions

Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions