Designated for publication per curiam (en banc), labor law Ordering rehearing en banc; vacating March 31, 2023, panel opinion that had denied petitions for review of NLRB order finding that Tesla CEO Elon Musk posted an unlawful threat on Twitter, that employee was unlawfully terminated, that Tesla did not unlawfully solicit and promise to remedy … More July 21, 2023, opinions
Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions
Designated for publication Elrod, J. (King, Smith, Elrod), criminal, sex offender registration Reversing order granting request to terminate sex offender registration obligation. The Court held that “the unambiguous language of the Sex Offender Registration and Notification Act deems Nazerzadeh a tier II sex offender, and … that status demands that his registration continues.” Graves, J. … More July 11, 2023, opinions
Designated for publication King, J. (King, Jones, Duncan), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on ineffective assistance of counsel claim. Under AEDPA’s “doubly deferential review,” the Court held that the petitioner’s trial counsel’s failure to object to lay and expert testimony about the credibility of a child’s testimony was “arguably … More July 7, 2023, opinions
Designated for publication Ho, J. (Dennis, Elrod, Ho), administrative law Affirming summary judgment in favor of Department of Treasury in its administration of the Community Development Financial Institutions Fund (“the Fund”), and its decision to require repayment of approximately $12 million from OnPath to the Fund based on a materially misrepresented certification application by OnPath. … More July 1-5, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness Certifying to the Texas Supreme Court questions regarding the timeliness of filing a new suit after the original suit was dismissed for lack of jurisdiction, a question “concern[ing] the interpretation of a Texas statute that tolls the applicable statute of limitations where a prior petition is … More May 25-26, 2023, opinions
Designated for publication Graves, J. (Graves, Willett, Engelhardt), qualified immunity Affirming qualified immunity summary judgment in favor of officer defendant based on shots he fired into sedan as he stood directly in front of car and driver ignored multiple commands from the officers; but reversing qualified immunity summary judgment in favor of officer defendants for … More May 17-18, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), immigration Granting motion to clarify and amend, withdrawing prior opinion and substituting new one, granting Mexican citizen’s petition for review of BIA order denying cancellation of removal and voluntary departure, vacating BIA order, and remanding for determination of whether petitioner’s conviction for a hit-and-run was a “crime … More May 4, 2023, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), immigration Dismissing Mexican citizen’s petition for review of BIA order denying cancellation of removal on the basis of hardship to his family. The Court held that it did not have jurisdiction to review a hardship determination. Unpublished per curiam (Ho, Oldham, Douglas), habeas corpus Dismissing for lack … More May 2, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), criminal, supervised release, sentencing Vacating sentences for revocation of supervised release, and rendering judgment accordingly. Defendant had originally been sentenced to 20 years imprisonment and 5 years’ supervised release for a conviction of being a felon in possession of a firearm. The district court then vacated the … More April 28, 2023, opinions
