Tag: Fourth Amendment

June 2, 2026, opinions

June 3, 2026

Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions

May 4, 2026, opinions

May 5, 2026

Unpublished decisions per curiam (Richman, Southwick, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, sentencing Affirming imposition of mental health treatment condition in supervised release term as part of sentence, when there was no professional diagnosis—only the defendant’s self-reported anxiety and … More May 4, 2026, opinions

April 20, 2026, opinions

April 21, 2026

Designated for publication Ho, J. (Clement, Graves, Ho) (oral argument), Fourth Amendment, qualified immunity Reversing denial of summary judgment to defendants in excessive force claims. Amanda Carter’s minor daughter attended Live Oak High School. In February 2022, a Louisiana Department of Children and Family Services agent visited the Carters’ home to investigate a report of … More April 20, 2026, opinions

April 13, 2026, opinions

April 14, 2026

Designated for publication Clement, J. (Clement, Douglas, Ramirez) (oral argument), sec. 1983, Fourth Amendment Affirming summary judgment dismissal of plaintiff’s sec. 1983 claim alleging Fourth Amendment violations arising from search of residence. Officers with the Lafayette Police Department obtained a warrant to search Albert Alexander’s residence for firearms based on reports from Alexander’s granddaughter, Sharlette, … More April 13, 2026, opinions

May 28, 2025, opinions

May 31, 2025

Designated for publication Oldham, J. (Richman, Oldham, Ramirez, JJ.; Judges Richman and Ramirez did not concur in footnote 5); Fourth Amendment, state-law immunity, state constitutional claims, qualified immunity On claims arising from alleged conspiracy to steal documents from a cloud-based file storage system against various Texas agencies and in official- and individual-capacity against officials of … More May 28, 2025, opinions

April 25, 2025, opinions

April 26, 2025

Opinions designated for publication Richman, J. (King, Richman, Higginson), prisoner suit, Eighth Amendment, appointment of counsel Vacating dismissal of plaintiff’s Eighth Amendment claims arising from denial of effective care for chronic hepatitis C virus, vacating denial of motion for appointment of counsel, and remanding for appointment of counsel and leave to amend complaint. The Court … More April 25, 2025, opinions

July 30-31, 2024, opinions

August 6, 2024

Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions

July 23, 2024, opinions

July 24, 2024

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

January 23, 2024, opinions

January 24, 2024

Designated for publication Jones, J. (joined by Richman, Smith, Stewart, Southwick, Haynes, Duncan, Engelhardt, Wilson, JJ.); Graves, J., dissenting (joined by Elrod, Higginson, Willett, Ho, Douglas, JJ.); Higginson, J., dissenting (joined by Elrod, Graves, Willett, Ho, Oldham, Douglas, JJ.); Willett, J., dissenting (joined by Elrod, Graves, Higginson, Ho, Douglas, JJ.); Ho, J., dissenting (joined by … More January 23, 2024, opinions

April 29, 2022, opinions

May 10, 2022

Unpublished Burch v. Ocwen Loan Servicing Co., 20-11058, appeal from N.D. Tex. per curiam (Southwick, Graves, Costa), bankruptcy Dismissing as frivolous appeal from district court’s order dismissing appeal from bankruptcy court for failure to pay filing fee. Burch v. Homeward Residential, Inc., 20-11239, appeal from N.D. Tex. per curiam (Southwick, Graves, Costa), bankruptcy Dismissing as … More April 29, 2022, opinions