Tag: habeas corpus

November 22-29, 2021, opinions

November 30, 2021

Designated for publication Coleman v. BP Exploration & Production, Inc., 20-40811, appeal from S.D. Tex. Willett, J. (Higginbotham, Willett, Duncan), negligence, independent contractor Affirming summary judgment dismissal of claims against project management company (BP) and against day-to-day management company (Grand Isle Shipping), on claims of employee of scaffolding subcontractor arising from plaintiff’s back injury received … More November 22-29, 2021, opinions

November 15, 2021, opinions

November 16, 2021

Designated for publication BVS Construction, Inc. v. Prosperity Bank, 21-50274, appeal from W.D. Tex. Clement, J. (Clement, Southwick, Willett), bankruptcy, res judicata Affirming district court’s and bankruptcy court’s overruling of debtor’s claim objection to secured creditor’s proof of claim, on basis that “res judicata, judicial estoppel, and judicial admission barred [debtor’s] claim objection on the … More November 15, 2021, opinions

November 8, 2021, opinions

November 9, 2021

Designated for publication U.S. v. Barlow, 18-30994, appeal from M.D. La. Southwick, J. (Clement, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Armed Career Criminal Act Affirming district court’s denial of petitioner’s § 2255 petition for post-conviction relief based on ineffective assistance of counsel and the application of the Armed Career Criminal Act. Petitioner pled … More November 8, 2021, opinions

November 5-6, 2021, opinions

November 8, 2021

Designated for publication Houston v. Texas Department of Agriculture, 20-20591, appeal from S.D. Tex. Higginson, J. (King, Higginson, Wilson), retaliation, Family and Medical Leave Act, Rehabilitation Act Affirming summary judgment dismissal of plaintiff’s claims of retaliation for exercising rights under the Family and Medical Leave Act and for discrimination under the Rehabilitation Act. The Court … More November 5-6, 2021, opinions

November 2, 2021, opinions

November 3, 2021

Designated for publication Kapordelis v. Myers, 19-30968, appeal from W.D. La. Wilson, J. (King, Higginson, Wilson), habeas corpus Affirming denial of § 2241 petition filed by federal inmate as to his disciplinary conviction and deprivation of 27 days of good-conduct time upon being found to have violated Bureau of Prisons Disciplinary Code 218 for destruction … More November 2, 2021, opinions

October 27-29, 2021, opinions

November 1, 2021

Designated for publication U.S. v. Sincleair, 20-10495, appeal from N.D. Tex. Davis, J. (Davis, Haynes, Oldham), Oldham, J., dissenting; criminal, sentencing Vacating sentence reached upon application of two-point enhancement for possession of dangerous weapon, and remanding for resentencing. The Court held, “[I]t is not clear whether the district court determined that Sincleair personally possessed the … More October 27-29, 2021, opinions

October 13-14, 2021 opinions

October 15, 2021

Designated for publication Hawkins v. U.S. Department of Housing and Urban Development, 20-20281, appeal from S.D. Tex. Wiener, J. (Wiener, Dennis, Duncan), Duncan, J., dissenting; Administrative Procedure Act, Fair Housing Act Reversing district court’s dismissal of plaintiffs’ APA and FHA claims against HUD, holding that HUD is bound by its prior self-imposed obligation to provide … More October 13-14, 2021 opinions

October 11, 2021 opinions

October 12, 2021

Unpublished Bruno v. Ford, 21-20204, appeal from S.D. Tex. per curiam (Davis, Jones, Elrod), Fair Labor Standards Act Vacating district court’s summary judgment dismissing plaintiff’s FLSA claims, and remanding for further proceedings. U.S. v. Pontefract, 21-30032, appeal from W.D. La. per curiam (Smith, Higginson, Willett), habeas corpus Denying certificate of appealability, and affirming district court’s … More October 11, 2021 opinions

October 7, 2021 opinions

October 8, 2021

Unpublished U.S. v. El Hage, 20-10409, appeal from N.D. Tex. per curiam (Elrod, Oldham, Wilson), habeas corpus Denying COA from denial of § 2255 petition challenging petitioner’s conviction of conspiring to distribute a controlled substance. Thomas v. Grundfos, CBS, 20-20505, appeal from S.D. Tex. per curiam (Davis, Elrod, Oldham), employment discrimination Affirming summary judgment dismissal … More October 7, 2021 opinions

October 6, 2021 opinions

October 7, 2021

Designated for publication U.S. v. Gardner, 20-50481, appeal from W.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), criminal, guilty plea Vacating conviction for possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine, and remanding for district court to hold an evidentiary hearing on defendant’s motion to withdraw his guilty plea. … More October 6, 2021 opinions