Designated for publication Elrod, J. (Stewart, Clement, Elrod), subpoenas, sovereign immunity Reversing partial denial of motions to quash subpoenas duces tecum that had been served on county district judges to determine their role in creating and enforcing Harris County’s bail schedule, which was the subject of plaintiffs’ constitutional challenge to the county’s felony-bail system. The … More September 16-19, 2022, opinions
Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions
Designated for publication Elrod, J. (Stewart, Elrod, Graves), Water Resources Development Act Affirming 12(b)(6) dismissal of two shipping companies’ claims that a waterway district violated the WRDA by charging tonnage-based user fees for use of the waterway facilities to pay its local match for a federally authorized project under the Act to deepen and improve … More September 14, 2022, opinions
Unpublished per curiam (Higginbotham, Graves, Ho), criminal, sentencing, guilty plea Granting summary affirmance of numerous sentences, some consecutive and some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
Unpublished per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Dennis), deceptive trade practices, timeliness Affirming dismissal of deceptive trade practices and fraud claims as barred by the relevant Texas statutes of limitation, in claim arising from restoration or replication of 1959 Maserati race car. per … More September 12, 2022, opinions
Designated for publication per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings. The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the … More September 9, 2022, opinions
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
Designated for publication Duncan, J. (Wiener, Graves, Duncan), bankruptcy Granting petition for panel rehearing from August 19, 2022, panel opinion; withdrawing that opinion and substituting a new opinion, but with the same operative effect: Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain … More September 7, 2022, opinions
Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions
Designated for publication per curiam (King, Duncan, Engelhardt), immigration Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings and apply for cancellation of removal, and remanding to BIA for further proceedings. The Court held that the failure of the government to provide the date and place of the … More September 2, 2022, opinions
