Designated for publication Londono-Gonzalez v. Barr, 16-60766, petition for review of BIA order, on remand from U.S. Supreme Ct. Elrod, J. (Higginbotham, Elrod, Duncan), immigration, equitable tolling Denying petition for review of BIA order. Court held that “uncertain legal terrain does not create an obstacle that stands in the way of an individual meeting the … More Take the Fifth: Oct. 26, 2020 opinions
Designated for Publication Taylor v. McDonald, 18-11572, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), prisoner suit, § 1983, qualified immunity Affirming qualified-immunity-based dismissal of prisoner’s § 1983 suit for deprivation of due process by keeping him confined to a psychiatric unit without an involuntary commitment proceeding. Prisoner had initially consented to transfer to … More Take the Fifth: Oct. 15, 2020 opinions
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
U.S. v. Omigie, 19-40526, appeal from E.D. Tex., designated for publication Higginbotham, J. (Higginbotham, Jones, Higginson), criminal, sentencing, guilty plea, forfeiture, supervised release Affirming conviction, remanding for determination of whether supervised release condition is consistent with oral pronouncement of court. Court held there was no plain error in the district court’s informing the defendant of … More Take the Fifth: Oct. 7, 2020 opinions
Texas Alliance for Retired Americans v. Hughs, 20-40643, Designated for Publication per curiam (Clement, Elrod, Haynes), elections law Staying district court’s preliminary injunction of enforcement of Texas House Bill 25, which would eliminate straight-ticket voting. HB25’s straight-ticket voting ban became effective September 1, 2020; District Court enjoined HB25 on September 25; early voting in Texas … More Take the Fifth: Sept. 30, 2020 opinions
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