Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., concurring in judgment; criminal, sufficiency of evidence, timeliness, restitution Reversing conviction for bankruptcy fraud, but affirming conviction for tax evasion and order of restitution as condition of supervised release. The Court held that the defendant’s indictment for bankruptcy fraud should have been dismissed as untimely, … More July 23, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Engelhardt, J. (King, Ho, Engelhardt), Ho, J., dissenting in part; First Amendment, antitrust, standing, mootness, amendment In First Amendment and antitrust claims by physicians’ professional association against governing boards and against the Secretary of the Department of Homeland Security arising from labeling as misinformation or disinformation of some physicians’ views on Covid … More June 3, 2024, opinions
Designated for publication Graves, J. (Richman, Graves, Wilson), criminal, sentencing Vacating sentence that relied on career offender enhancement on conviction for conspiracy to distribute five kilograms or more of cocaine hydrochloride and 280 grams of cocaine base, and remanding for resentencing. The Court summarized: “When the Government fails to prove by a preponderance of the … More May 30, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Higginson), Higginson, J., dissenting; product liability Reversing denial of judgment as a matter of law after jury verdict for plaintiff in manufacturing defect case arising from plaintiff’s injury while using propane tank manufactured by defendant, finding insufficient evidence to support the jury verdict, and rendering JMOL for defendant. … More March 21, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions
