Tag: habeas corpus

October 9-10, 2026, opinions

October 12, 2026

Designated for publication en banc per curiam (coting against rehearing: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez; voting for rehearing: Jones, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson) (no oral argument); Richman, J., concurring in denial of rehearing; Ho, J., dissenting from denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined … More October 9-10, 2026, opinions

October 6-7, 2026, opinions

October 9, 2026

Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 2026, opinions

October 5, 2026, opinions

October 6, 2026

Designated for publication per curiam (Smith, Ho, Duncan) (no oral argument), habeas corpus, Atkins, timeliness Denying motion for authorization to file a successive habeas application and for stay of execution. Jamaal Howard, convicted of murder and sentenced to death for the 2000 shooting death of Vickie Swartout in Silsbee, Texas, was scheduled for execution on … More October 5, 2026, opinions

October 1-2, 2026, opinions

October 5, 2026

Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions

September 25-28, 2026, opinions

September 29, 2026

Unpublished decisions per curiam (Haynes, Graves, Ramirez) (no oral argument), criminal, sentencing Affirming sentence on conviction of production of child pornography. At issue on appeal was (1) whether the district court abused its discretion in rejecting a Rule 11(c)(1)(C) plea agreement that called for 360 months of imprisonment — half the guidelines range — for … More September 25-28, 2026, opinions

September 22-23, 2026, opinions

September 24, 2026

Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions

September 15-16, 2026, opinions

September 17, 2026

Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions

September 10, 2026, opinions

September 11, 2026

Unpublished decisions per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wiener, Graves, Haynes) (oral argument withdrawn); Haynes, J., dissenting in part; criminal, sentencing Vacating sentence and remanding for resentencing. Hendrickson was convicted of felon-in-possession of a firearm after he was shot five times by … More September 10, 2026, opinions

September 1, 2026, opinions

September 2, 2026

Designated for publication per curiam (King, Smith, Ramirez) (oral argument), criminal, restitution Affirming restitution award on misdemeanor depravation of rights conviction. Luis Enrique Padilla, the former chief of the Sunset Police Department in Sunset, Louisiana, used excessive force against a handcuffed individual, R.A., during a hit-and-run investigation in December 2023. Padilla “warned ‘let me show … More September 1, 2026, opinions

August 28, 2026, opinions

August 31, 2026

Published decisions Douglas, J. (Stewart, Engelhardt, Douglas) (oral argument), qualified immunity Affirming grant of qualified immunity summary judgment for claims arising from detainee’s death. Alberto Pena was arrested for criminal mischief in Starr County, Texas, while heavily intoxicated. During transport, he struck his head on the interior of a patrol car multiple times and may … More August 28, 2026, opinions