November 14, 2022, opinions
Designated for publication Unpublished
Designated for publication Unpublished
(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Unpublished
Designated for publication Harness v. Watson, 19-60632, appeal from S.D. Miss. [ed.: Note that the following en banc decision was announced by the Court as “per curiam,” i.e., “for the court,” and at the beginning of that decision then listed all 17 active-status judges, intimating at the outset that the decision was for the entire … More August 24, 2022, opinions
Designated for publication U.S. v. Crittenden, 18-50635, appeal from W.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Elrod, J., dissenting (joined by Dennis, Graves, JJ.); new trial, criminal Reversing new trial ordered by district court after jury had convicted defendant of drug conspiracy, … More August 17-18, 2022, opinions
Designated for publication U.S. v. Kelley, 20-20580, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Oldham), Oldham, J., concurring in judgment; criminal, Speedy Trial Act, sentencing Affirming conviction on being a felon in possession of a firearm, affirming application of sentence enhancement for reckless endangerment, but vacating determination that prior state conviction of attempted aggravated … More July 11, 2022, opinions
Designated for publication Glenn v. Tyson Foods, Inc., 21-40622, c/w Chavez v. Tyson Foods, Inc., 21-11110, appeals from E.D. Tex. and N.D. Tex. Willett, J. (Willett, Engelhardt, Wilson), federal officer jurisdiction, removal Affirming district courts’ remand orders for claims against Tyson Foods arising from its decision to keep its poultry processing plants open during the … More July 7, 2022, opinions
Designated for publication U.S. v. Caldwell, 21-10509, appeal from N.D. Tex. per curiam (Richman, Costa, Ho), habeas corpus Reversing district court’s grant of relief on § 2255 petition, holding that petitioner’s guilty-plea waiver barred collateral attack even where based on a substantive change in the law. Texas v. U.S., 22-40367, appeal from S.D. Tex. per … More July 6, 2022, opinions