(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished
Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions
Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. Costa, J. (joined by Richman, Jones, Smith, Stewart, Southwick, Haynes, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); Higginson, J., concurring (joined in whole by Elrod, Willett, JJ., and in part by Ho, Wilson, JJ.); Graves, J., dissenting (joined by Dennis, J.); Jolly, J., not joining … More August 23, 2022, opinions
Designated for publication Williams v. City of Yazoo, 20-61061, appeal from S.D. Miss. Costa, J. (Clement, Graves, Costa), qualified immunity Affirming denial of qualified immunity as to individual officers in case arising from detainee’s death from internal bleeding while in county jail after being assaulted with a metal pipe and after jailers repeatedly ignored his … More July 15, 2022, opinions
Designated for publication U.S. v. Morris, 20-30744, appeal from W.D. La. per curiam (Dennis, Higginson, Costa), criminal, search and seizure, sentencing Vacating the district court’s denial of the defendant’s motion to suppress evidence discovered during a consent search, on finding that the defendant had been subject to a stop and that, because the district court … More July 13, 2022, opinions
Designated for publication U.S. v. Kelley, 20-20580, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Oldham), Oldham, J., concurring in judgment; criminal, Speedy Trial Act, sentencing Affirming conviction on being a felon in possession of a firearm, affirming application of sentence enhancement for reckless endangerment, but vacating determination that prior state conviction of attempted aggravated … More July 11, 2022, opinions
Designated for publication U.S. v. Kelley, 20-30436, appeal from W.D. La. Elrod, J. (King, Elrod, Southwick), habeas corpus Vacating district court’s denial of habeas relief on petitioner’s § 2255 petition, holding that the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191, 219 (2019), that knowledge of felony status is an essential … More July 8, 2022, opinions
Designated for publication U.S. v. Caldwell, 21-10509, appeal from N.D. Tex. per curiam (Richman, Costa, Ho), habeas corpus Reversing district court’s grant of relief on § 2255 petition, holding that petitioner’s guilty-plea waiver barred collateral attack even where based on a substantive change in the law. Texas v. U.S., 22-40367, appeal from S.D. Tex. per … More July 6, 2022, opinions
Designated for publication Guijarro v. Enterprise Holdings, Inc., 21-40512, appeal from S.D. Tex. Costa, J. (Richman, Costa, Ho), personal tort Affirming denial of remand to state court, and dismissal of claims against car rental company arising from car accident involving Jeep rented to plaintiffs by defendant. As to removal jurisdiction, the Court held first that … More July 1-5, 2022, opinions
Designated for publication South Central Houston Action Council v. Oak Baptist Church, 21-20559, appeal from S.D. Tex. Jones, J. (Jones, Elrod, Higginson), bankruptcy, magistrate jurisdiction Vacating affirmance of summary judgment entered by bankruptcy court, where on appeal to district court the district court had referred the bankruptcy appeal to a magistrate with the parties’ consent. … More June 30, 2022, opinions
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