Designated for publication Higginson, J. (Haynes, Higginson, Ho) (oral argument), standing, breach of contract, Federal Wiretap Act Reversing dismissal of suit based on use of Meta “Pixel” on defendant’s website, on standing grounds, and remanding. Eyemart Express operates retail stores and a website where customers browse products, purchase prescription eyewear, and schedule eye exams. Eyemart … More October 23, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Douglas) (oral argument), Freedom of Information Act, administrative law Reversing in part summary judgment for FEMA on plaintiff organization’s FOIA challenge, reversing dismissal of case with prejudice, finding that additional record development was required to determine equitable relief, and remanding for further development of the record. La Unión … More October 22, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), appeal waiver, criminal, sentencing On remand from Supreme Court, withdrawing September 18 panel opinion (also post-remand) and substituting with new opinion, dismissing appeal of sentence on enforcement of appeal-waiver in guilty plea. Devin Chaney pleaded guilty to Hobbs Act Robbery and Armed Bank Robbery, … More October 19-20, 2026, opinions
Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions
Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions
Designated for publication per curiam (en banc) (no oral argument at panel stage), criminal, Second Amendment, en banc Vacating May 20, 2026, panel opinion (per curiam — Haynes, Ho, Oldham; Ho, J. and Oldham, J., each separately concurring), and granting petition for rehearing en banc. Panel opinion had affirmed conviction of possession of a firearm … More September 14, 2026, opinions
Designated for publication Engelhardt, J. (Willett, Engelhardt, Douglas) (oral argument), Willett, J., concurring; criminal, Second Amendment, forfeiting argument Originally released a day before as an unpublished per curiam (though still with Judge Willett’s separate concurrence, re-released as a published disposition with the majority opinion attributed to Judge Engelhardt. Affirming dismissal of indictment of felon-in-possession on … More August 25, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (no oral argument), Graves, J., dissenting in part; criminal, sentencing, restitution Affirming enhanced sentence for receipt of child pornography; and affirming in part and vacating in part restitution awards. Mendoza pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) after DHS discovered … More August 7, 2026, opinions
