Tag: evidence

August 17-18, 2026, opinions

August 19, 2026

Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions

August 6, 2026, opinions

August 10, 2026

Designated for publication Southwick, J. (Southwick, Graves, Wilson) (oral argument withdrawn), Wilson, J., concurring; arbitration Affirming denial of defendant’s motion to compel arbitration. Floor and Decor Outlets of America (“F&D”), a national flooring retailer, contracted with MAPP, L.L.C., a local Louisiana construction management company, for the building of a retail store in Metairie, Louisiana. F&D … More August 6, 2026, opinions

July 24, 2026, opinions

July 27, 2026

Designated for publication Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, 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 1-2, 2025, opinions

October 3, 2025

Designated for publication per curiam (Stewart, Dennis, Haynes) (oral argument), criminal, evidence, sufficiency of evidence, sentencing Affirming conviction and 293-month sentence for drug trafficking and distribution offenses and possession of child pornography. Sean Shaughnessy appealed his conviction and sentence after a jury found him guilty of two drug-conspiracy counts, one drug-distribution count, and one count … More October 1-2, 2025, opinions

August 4, 2025, opinions

August 7, 2025

Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions

July 22, 2025, opinions

July 24, 2025

Designated for publication per curiam (Stewart, Clement, Willett), criminal, sentencing Withdrawing prior opinion after petition for rehearing, and substituting new opinion affirming sentence of defendant on issue of intervening amendment to Sentencing Guidelines. Darrell Wickware, previously convicted of robbery under Texas law, was charged in 2021 with unlawful possession of a firearm as a convicted … More July 22, 2025, opinions

September 4, 2024, opinions

September 5, 2024

Designated for publication Graves, J. (Barksdale, Southwick, Graves), Fair Labor Standards Act Affirming summary judgment dismissing plaintiffs’ FLSA overtime claims on the basis that each employee is a “bona fide executive” exempt from FLSA’s overtime provisions. Elrod, J. (Higginbotham, Smith, Elrod), evidence Affirming summary judgment for defendant trustees on claims brought by plaintiff beneficiaries of … More September 4, 2024, opinions

April 29, 2024, opinions

April 30, 2024

Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions

December 11, 2023, opinions

December 12, 2023

Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions