Tag: guilty plea

February 14-16, 2024, opinions

February 19, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Higginson), Higginson, J., dissenting; False Claims Act Affirming dismissal for lack of subject-matter jurisdiction of former employee’s False Claims Act claims against former employer, claiming retaliation for reporting fraudulent misrepresentations made to the Navy, and summary judgment dismissal of remaining claim; holding that “the district court correctly held … More February 14-16, 2024, opinions

February 12, 2024, opinions

February 14, 2024

Designated for publication Wilson, J. (Smith, Graves, Wilson), Graves, J., dissenting; criminal Affirming conviction of possession of a firearm by an illegal alien, rejecting argument that the government had failed to prove beyond a reasonable doubt that the defendant knew he was unlawfully in the United States when he possessed the firearm. The defendant argued … More February 12, 2024, opinions

February 8, 2024, opinions

February 9, 2024

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), Higginson, J., dissenting, sec. 1983, standing On holding that plaintiff lacked standing, vacating district court’s judgment that plaintiff–incarcerated capital inmate–had shown that a provision of Texas’s DNA testing statute was unconstitutional and that he was entitled to DNA testing, and remanding for dismissal of action for lack … More February 8, 2024, opinions

February 5-7, 2024, opinions

February 8, 2024

Designated for publication per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., … More February 5-7, 2024, opinions

January 12, 2024, opinions

January 15, 2024

Designated for publication Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case … More January 12, 2024, opinions

January 10, 2024, opinions

January 11, 2024

Designated for publication Ho, J. (Graves, Higginson, Ho), qualified immunity Dismissing for lack of appellate jurisdiction appeal from denial of qualified immunity summary judgment in excessive force claim. As Judge Ho summarized the opinion: “Two established principles of law govern this qualified immunity appeal. First, it may be objectively reasonable under certain circumstances for police … More January 10, 2024, opinions

January 5, 2024, opinions

January 8, 2024

Designated for publication per curiam (Jones, Stewart, Duncan); Duncan, J., concurring; Jones, J., concurring; qualified immunity Affirming denial of motion to dismiss on qualified immunity, regarding plaintiff’s claims against Department of Public Safety and Corrections official for over-detention. Plaintiff was detained in a Louisiana prison 41 days past the end of his 90-day sentence, because … More January 5, 2024, opinions

January 2, 2024, opinions

January 3, 2024

Designated for publication Engelhardt, J. (Southwick, Engelhardt, Wilson), abortion, administrative law, standing, preemption Affirming district court’s permanent injunction against Guidance letter issued by the Centers for Medicare and Medicaid Services (“CMS”), the agency of the Department of Health and Human Services charged with administering the Emergency Medical Treatment and Active Labor Act of 1986, which … More January 2, 2024, opinions

December 29, 2023, opinions

December 30, 2023

Unpublished per curiam (Stewart, Dennis, Wilson), Dennis, J., dissenting in part; criminal, sentencing Affirming in part and vacating in part 108-month sentence on conviction of possession with intent to distribute marijuana and methamphetamine; “remand[ing] for recalculation of his sentence to account for the new base offense level resulting from the 10 percent decrease of the … More December 29, 2023, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions