Tag: due process

July 13-15, 2026, decisions

July 16, 2026

Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), Stewart, J., dissenting in part; mandamus, appellate jurisdiction, voluntary dismissal, school desegregation Dismissing appeal for lack of jurisdiction over judgment that was entered after voluntary dismissal of school desegregation case, and granting mandamus vacating post-dismissal judgment. This school-desegregation case had been pending for more … More July 13-15, 2026, decisions

July 10, 2026, opinions

July 12, 2026

Designated for publication Clement, J. (Jones, Clement, Richman) (oral argument), criminal, sentencing Affirming 180-month sentence on conviction of selling methamphetamine that was based on a criminal history score that included an expunged state conviction. Juan Payne pleaded guilty to selling methamphetamine (461.9 grams in two transactions) under 21 U.S.C. § 841(a)(1) and (b)(1)(A). While his … More July 10, 2026, opinions

June 18, 2026, opinions

June 19, 2026

Designated for publication Smith, J. (Smith, Clement, Duncan) (oral argument), Clement, J., concurring (joined by Duncan, J.); criminal, Second Amendment Affirming conviction of possession of an unregistered firearm for defendant’s possession of homemade silencers, rejecting Second Amendment challenge. After sheriff’s deputies arrested Comeaux for unlawfully discharging a firearm, a search of his residence turned up … More June 18, 2026, opinions

June 15, 2026, opinions

June 16, 2026

Designated for publication Higginson, J. (King, Higginson, Wilson) (no oral argument), False Claims Act, settlement agreement Affirming district court’s judgment enforcing oral settlement agreement reached at mediation of False Claims Act claim. The United States sued Dr. Dongxin Ma and Ma Acupuncture PC under the False Claims Act for allegedly submitting approximately $1.3 million in … More June 15, 2026, opinions

June 11, 2026, opinions

June 12, 2026

Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions

June 2, 2026, opinions

June 3, 2026

Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions

March 23, 2026, opinions

March 24, 2026

Designated for publication per curiam (Wiener, Willett, Wilson) (no oral argument), Willett, J., concurring (joined by Wilson, J.); criminal, Second Amendment, Commerce Clause Affirming conviction of possession of a firearm by a felon Jaterron Williamson was convicted of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1). He had three prior … More March 23, 2026, opinions

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions

October 30-31, 2025, opinions

November 3, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (oral argument), Haynes, dissenting in part; timeliness, personal torts Affirming dismissal as untimely of claims brought under Texas law, originally in Texas state courts but then removed, for monetary damages arising from chemical explosions at defendant’s facility, where original action was certified as to injunctive relief class … More October 30-31, 2025, opinions

October 7, 2025, opinions

October 8, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart) (oral argument), equal protection clause, First Amendment, Commerce Clause Affirming in part and reversing in part district court’s summary judgment finding city’s short-term rental regulations constitutional, and remanding for further proceedings. The Fifth Circuit reviewed New Orleans’s regulation of short-term rentals (STRs)—defined as rentals of fewer than … More October 7, 2025, opinions