Tag: guilty plea

December 11, 2023, opinions

December 12, 2023

Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions

December 6, 2023, opinions

December 7, 2023

Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions

December 5, 2023, opinions

December 6, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions

October 18, 2023, opinions

October 19, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), criminal, Confrontation Clause, hearsay Affirming conviction for conspiracy to transport illegal aliens, but vacating conviction for transporting illegal aliens, and remanding for resentencing. The Court held that the form admitted into evidence to show the nationality of the people being transported was hearsay and admitted in violation … More October 18, 2023, opinions

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

September 6, 2023, opinions

September 7, 2023

Designated for publication Graves, J. (Richman, Haynes, Graves), trademark infringement Affirming in part, reversing in part judgment as a matter of law in favor of defendant on plaintiff’s trademark-infringement claims, and remanding for further proceedings. The Court held that a reasonable jury could find that the defendant infringed on the plaintiff’s marks before they were … More September 6, 2023, opinions

August 29, 2023, opinions

August 30, 2023

Designated for publication per curiam (Richman, Jones, Smith, Stewart, Elrod, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas), legislative privilege, appellate jurisdiction, standing Vacating August 25, 2023 panel opinion (which had been substituted for withdrawn MAy 10, 2023 panel opinion), and ordering en banc rehearing of district court’s order that Mississippi legislators must provide a … More August 29, 2023, opinions

August 16, 2023, opinions

August 17, 2023

Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions

August 15, 2023, opinions

August 16, 2023

Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions

August 11-14, 2023, opinions

August 15, 2023

Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions