Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), criminal, sentencing Vacating sentence–120-month sentences on each of three counts of possession of a firearm by a felon, to run consecutively “[o]nly to the extent it produces a total aggregate of 188 months”–as impermissibly vague, and remanding for resentencing. The Court held that the district court did … More August 7, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Oldham), Oldham, J., dissenting in part; qualified immunity Reversing summary judgment in favor of defendant jail officials on qualified immunity grounds, and remanding for further proceedings. The plaintiff’s claims arise from being tasered while a pretrial detainee, when he alleges he was being fully compliant with the jail … More July 24, 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 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
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Oldham), Oldham, J., dissenting; labor law Denying employer’s petition to review NLRB’s order denying request to appeal NLRB Acting General Counsel’s withdrawal of unfair labor practice complaint against labor union, on basis that the Acting General Counsel’s decision was an unreviewable act of prosecutorial discretion. The Court held … More April 24-25, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing, Brady violation, restitution Affirming convictions of depriving two persons of their constitutional rights under color of law, arising from defendant’s sexual assault of two men while a police officer, and concurrent sentences of 12 and 360 months. The Court held that withheld evidence was not … More April 6-12, 2023, opinions
Designated for publication Smith, J. (Smith, Barksdale, Haynes), qualified immunity, Equal Protection, municipal liability Reversing dismissal of plaintiffs’ excessive force, denial of medical care, and unlawful arrest claims arising from fatal shooting during routine traffic stop; affirming dismissal of remaining claims for unlawful arrest and detention and racial discrimination; and denying as moot motion to … More March 21, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., dissenting; qualified immunity Reversing a denial of qualified immunity summary judgment dismissing § 1983 claims against school officials by mother of disabled public-school student who had been sexually assaulted by another student with known violent tendencies, whose teacher allowed the assaulted student and the aggressor … More March 16, 2023, opinions
