Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions
Designated for publication Lefebure v. D’Aquilla, 19-30702, c/w 19-30989, appeal from M.D. La. Ho, J. (Owen, Graves, Ho), Graves, J., dissenting; standing Treating petition for rehearing en banc as a petition for panel rehearing, and denying petition for panel rehearing, but withdrawing Feb. 9, 2021 opinion and substituting with new opinion with same result–reversing judgment … More October 5, 2021 opinions
Designated for publication HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex. Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these … More August 31, 2021 opinions
Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions
Designated for publication Spikes v. McVea, 19-30019, appeal from E.D. La. Higginbotham, J. (Higginbotham, Smith, Dennis), Smith, J., dissenting; prisoner suit, qualified immunity Affirming district court’s denial of qualified-immunity-based summary judgment in favor of defendant prison medical staff members, on prisoner plaintiff’s claim of an Eighth Amendment violation arising from deliberate indifference for six weeks … More August 11, 2021 opinions
Designated for publication Parish of Plaquemines v. Chevron USA, Inc., 19-30492, appeal from E.D. La.; c/w Parish of Cameron v. BP America Production Co., 19-30829, appeal from W.D. La. Ho, J. (Ho, Engelhardt, Oldham), removal Granting panel rehearing, withdrawing original panel opinion, denying en banc rehearing; affirming in part, reversing in part, and remanding for … More August 5, 2021 opinions
Designated for publication Cope v. Cogdill, 19-10798, appeal from N.D. Tex. Haynes, J. (Stewart, Dennis, Haynes), Dennis, J., dissenting; qualified immunity Reversing district court’s denial of qualified immunity for officers sued after the jailhouse suicide death of Derrek Monroe, and rendering judgment in favor of officers. Monroe was a pretrial detainee in the Coleman County … More July 2, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Designated for publication U.S. v. Smith, 20-50304, appeal from W.D. Tex. Haynes, J. (King, Smith, Haynes), Smith, J., dissenting; criminal, guilty plea, firearms violation Vacating guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) based on on factual basis that defendant’s only interaction with firearm was … More Take the Fifth: May 5, 2021 opinions
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
