Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions
Designated for publication Douglas, J. (Higginbotham, Graves, Douglas), insurance Certifying to Texas Supreme Court question of whether attorneys’ fees are still owed under the Texas Prompt Payment of Claims Act after insurer makes payment of appraisal award plus interest. Wilson, J. (Wiener, Higginson, Wilson), Fair Labor Standards Act Reversing dismissal of plaintiffs’ FLSA overtime claims, … More July 12, 2023, opinions
Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions
Designated for publication Stewart, J. (Richman, Stewart, Douglas), prisoner suit Dismissing appeal of dismissal of Texas state prisoner’s suit against medical personnel, upon denying motion to proceed in forma pauperis under 28 U.S.C. § 1915(g) and upon failure to pay required filing fees. The Court held that the plaintiff has accumulated more than three strikes … More July 10, 2023, opinions
Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions
Designated for publication Duncan, J. (Graves, Ho, Duncan), Graves, J., dissenting in part; Ho, J., dissenting; COVID-19, mootness Dismissing appeal of injunction of Navy vaccine mandates, as moot, after Navy complied with Congressional directive, rescinded challenged policies requiring COVID-19 vaccinations even for servicemembers with religious objections, and formally announced that vaccines would not be imposed … More July 6, 2023, opinions
Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions
Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), immigration Denying Ecuadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia order of removal; holding that it was the petitioner’s duty to correct the address he had provided to immigration officials that misspelled (by one letter) the city … More June 2, 2023, opinions
Designated for publication Wiener, J. (Wiener, Southwick, Duncan), criminal, sentencing Affirming reliance on obstruction of justice enhancement to apply to base sentencing level, resulting in 21-month sentence on conviction of assaulting, resisting, or impeding various officers or employees. The Court held that the district court did not clearly err in finding that the defendant obstructed … More June 1, 2023, opinions
