Tag: Confrontation Clause

April 3, 2023, opinions

April 4, 2023

Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions

March 22, 2023, opinions

March 23, 2023

Designated for publication Dennis, J. (Wiener, Dennis, Duncan), criminal, Confrontation Clause, Sixth Amendment, sufficiency of evidence, sentencing, crime of violence Upon granting petition for panel rehearing, vacating defendants’ conviction for aiding and abetting the discharge of a firearm during a crime of violence, but affirming conviction on other counts arising from two armored car armed … More March 22, 2023, opinions

January 30, 2023, opinions

January 31, 2023

Designated for publication Smith, J. (Jones, Smith, Graves), insurance, COVID-19 Affirming dismissal of helicopter services company in dispute arising from claim against its all-risk insurer to recover economic losses from the partial interruption of business during the pandemic. The Court held that the requirement for “direct physical loss of or damage” to property as an … More January 30, 2023, opinions

July 26, 2021 opinions

July 27, 2021

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

July 14, 2021

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

November 9, 2020

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

October 31, 2020

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

October 26, 2020

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