Designated for publication Higginson, J. (Smith, Higginson, Wilson) (no oral argument), criminal, appeal waiver On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence on basis of appeal waiver in plea agreement. Rashon Harris pleaded guilty to possession of methamphetamine with intent to distribute under 21 U.S.C. § 841(a) and received a 240-month … More October 29, 2026, opinions
Designated for publication Smith, J. (Smith, Haynes, Enhelhardt) (oral argument), timeliness, Americans with Disabilities Act Reversing dismissal of ADA claim as time-barred, holding that claim was tolled under American Pipe. James Bien worked for Union Pacific as a locomotive train conductor. After failing two color vision tests in 2013, he was removed from his conductor … More October 26, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), Second Amendment, standing, Commerce Clause, Federal Switchblade Act Reversing dismissal of claim that § 1242 of the Federal Switchblade Act was unconstitutional under the Second Amendment, affirming dismissal of facial challenge to § 1243 of the Act, and remanding for further proceedings. Knife Rights, Inc., … More October 21, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), appeal waiver, criminal, sentencing On remand from Supreme Court, withdrawing September 18 panel opinion (also post-remand) and substituting with new opinion, dismissing appeal of sentence on enforcement of appeal-waiver in guilty plea. Devin Chaney pleaded guilty to Hobbs Act Robbery and Armed Bank Robbery, … More October 19-20, 2026, opinions
Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions
Designated for publication Douglas, J. (Clement, Oldham, Douglas) (oral argument withdrawn), breach of contract, expert witness, mandate Affirming defense judgment after bench trial on remand from reversal of earlier summary judgment for defendant. Energy trading firm MIECO contracted with natural gas producer Pioneer for the daily sale of 20,000 million British thermal units of natural … More October 8, 2026, opinions
Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), criminal, guilty plea, sentencing On remand from U.S. Supreme Court, dismissing appeal under appeal-waiver of plea agreement. Devin Chaney pleaded guilty to Hobbs Act Robbery (18 U.S.C. § 1951(a)) and Armed Bank Robbery (18 U.S.C. § 2113(a) and (d)), and in his plea agreement … More September 18-21, 2026, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions
