Tag: foreclosure

Take the Fifth: April 23, 2021 opinions

April 26, 2021

Designated for publication Thomas v. Lumpkin, 17-70002, appeal from E.D. Tex. Southwick, J. (Jones, Southwick, Higginson), Higginson, J., dissenting in part; habeas corpus, ineffective assistance of counsel Affirming denial of federal habeas petition for death-row inmate, in ineffective assistance of counsel (“IAC”) issues. The Court first held that it has jurisdiction, that the petitioner’s notice … More Take the Fifth: April 23, 2021 opinions

Take the Fifth: April 1-2, 2021 opinions

April 5, 2021

Designated for publication U.S. v. Knowlton, 19-41042, appeal from E.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), criminal Affirming conviction for receiving material containing child pornography. The Court held that the flash drives, external hard drives, and computer hard drives were “materials containing” child pornography and not merely child pornography itself, rejecting defendant’s argument that he … More Take the Fifth: April 1-2, 2021 opinions

Take the Fifth: March 29-31, 2021 opinions

April 3, 2021

Designated for publication U.S. v. Burney, 20-10529, appeal from N.D. Tex. Smith, J. (King, Smith, Haynes), criminal, sentencing Affirming 60-month sentence on guilty plea to wire fraud. The presentence report recommended a guideline range of 12-18 months, “[b]ased on the severity of the offense, Burney’s acceptance of responsibility, and his criminal history,” but the district … More Take the Fifth: March 29-31, 2021 opinions

Take the Fifth: March 26, 2021 opinions

April 1, 2021

Designated for publication Douglas v. Wells Fargo Bank, N.A., 18-11567, appeal from N.D. Tex. Owen, C.J. (Owen, Haynes, Costa), Haynes, J., dissenting in part; foreclosure, breach of contract Affirming dismissal of borrowers’ claims arising from foreclosure on home by mortgagor. The Court first held that the borrowers’ protestation that they never received the notice of … More Take the Fifth: March 26, 2021 opinions

Take the Fifth: March 22 and 23, 2021 opinions

March 24, 2021

Designated for publication U.S. v. Brune, 19-11360, appeal from N.D. Tex. Smith, J. (Jones, Smith, Elrod), criminal, double jeopardy Affirming conviction of defendant for possess with intent to distribute a mixture and substance containing more than 50 grams of methamphetamine. In the charging instrument, the government had misstated the statutory citation for the charged crime, … More Take the Fifth: March 22 and 23, 2021 opinions

Take the Fifth: March 10, 2021 opinions

March 11, 2021

Designated for publication Hall CA-NV, LLC v. One Republic National Title Insurance Co., 20-10268, appeal from N.D. Tex. Ho, J. (Clement, Ho, Duncan), breach of contract, insurance Affirming dismissal of plaintiff’s suit for coverage for prior mechanic’s liens under title insurance policy, on basis that plaintiff had agreed to removal of such coverage. Judge Ho … More Take the Fifth: March 10, 2021 opinions

Take the Fifth: March 3, 2021 opinions

March 4, 2021

Designated for publication U.S. v. Johnson, 19-30921, appeal from W.D. La. Dennis, J. (Dennis, Higginson, Willett), criminal, sufficiency of evidence, due process, sentencing Affirming convictions of co-defendants for the armed robbery of two banks and one credit union and with related firearms offenses and sentences of 498 months for one defendant and 339 months for … More Take the Fifth: March 3, 2021 opinions

Take the Fifth: Jan. 14, 2021 opinions

January 15, 2021

Designated for publication Evolve Federal Credit Union v. Barragan-Flores, 18-50420, appeal from W.D. Tex. Owen, C.J. (Owen, Wiener, Dennis), bankruptcy Affirming district court’s reversal of bankruptcy court’s approval of plan that allowed debtor to retain one of two vehicles that had been cross-collateralized to secure loans on both vehicles. The debtor had financed the purchase … More Take the Fifth: Jan. 14, 2021 opinions

Take the Fifth: Jan. 12 and 13, 2021 opinions

January 14, 2021

Designated for publication U.S. v. Parkerson, 19-10780, appeal from N.D. Tex. Jolly, J. (Jolly, Southwick, Wilson), criminal, sentencing Affirming 120-month statutory maximum prison term for failure to register as a sex offender where sentencing guidelines range was 18-24 months. The presentencing report (“PSR”) referred to an excerpt from a police report of an incident where … More Take the Fifth: Jan. 12 and 13, 2021 opinions

Take the Fifth: Oct. 9, 2020 opinions

October 12, 2020

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions