Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Graves, Haynes, Higginson, Costa, Willett, Ho, Engelhardt, Wilson); abortion law After the October 13 release of the panel opinion affirming the district court’s injunction of enforcement of Texas Senate Bill 8 (requiring that “a … More Take the Fifth: Oct. 30, 2020 opinions
Designated for publication U.S. v. Ramirez, 19-20098, appeal from S.D. Tex. Oldham, J. (Smith, Clement, Oldham), criminal, sentencing Affirming the district court’s sentencing of defendant to 300 months’ imprisonment for health care fraud. Court held that there was no error in district court’s reliance on presentencing report to impose a 26-point adjustment to defendant’s sentencing … More Take the Fifth: Oct. 27, 2020 opinions
Designated for publication In the Matter of: Ward, 18-10469, appeal from N.D. Tex. Owen, C.J. (Owen, Clement, Ho), bankruptcy, timeliness Affirming district court’s judgment that the bankruptcy court did not err in finding creditors’ complaint seeking denial of debtor’s discharge was timely and in entering an order denying discharge under 11 U.S.C. § 727(a)(4)(A) and … More Take the Fifth: Oct. 23, 2020 opinions
Designated for publication Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law; Opinion originally released on October 13, 2020; released in “MODIFIED” form on Oct. 22 in order to append Judge Willett’s dissent; Take the Fifth‘s original summary of the majority … More Take the Fifth: Oct. 22, 2020 opinions
Designated for publication U.S. v. Sila, 17-11212, appeal from N.D. Tex. Elrod, J. (Higginbotham, Elrod, Haynes), criminal, sentencing, sufficiency of evidence Affirming two counts of indictment regarding theft of government funds and aggravated identity theft, vacating one count of indictment regarding theft of government funds for insufficiency of evidence, and remanding for resentencing. Defendant had … More Take the Fifth: Oct. 20, 2020 opinions
Designated for publication Richardson v. Hughs, 20-50774, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Oldham), Higginbotham, J., concurring; election law, sovereign immunity Staying, pending appeal, the district court’s injunction of Texas’s procedures regarding mail-in ballot signature verification and voter-notification procedures. Texas’s absentee mail-in balloting procedures–a system that, as confirmed by 5th Circuit’s October 14th … More Take the Fifth: Oct. 19, 2020 opinions
Designated for Publication Taylor v. McDonald, 18-11572, appeal from N.D. Tex. Smith, J. (Smith, Clement, Oldham), prisoner suit, § 1983, qualified immunity Affirming qualified-immunity-based dismissal of prisoner’s § 1983 suit for deprivation of due process by keeping him confined to a psychiatric unit without an involuntary commitment proceeding. Prisoner had initially consented to transfer to … More Take the Fifth: Oct. 15, 2020 opinions
Whole Woman’s Health v. Paxton, 17-51060, appeal from W.D. Tex., designated for publication Dennis, J. (Stewart, Dennis, Willett), Willett, J., dissenting; abortion law Affirming district court’s judgment permanent injunction against the enforcement of Texas Senate Bill 8 (“SB8”) and its requirement that “a woman to undergo an additional and medically unnecessary procedure to cause fetal … More Take the Fifth: Oct. 13, 2020 opinions
Janvey v. GMAG, LLC, 17-11526, appeal from N.D. Tex., designated for publication Stewart, J. (Stewart, Dennis, Willett), Texas Uniform Fraudulent Transfers Act, fraudulent transfer After earlier vacating prior panel decision and referring to Texas Supreme Court to answer legal question regarding Texas Uniform Fraudulent Transfers Act (“TUFTA”), Court entered new opinion reversing district court’s judgment … More Take the Fifth: Oct. 8, 2020 opinions
U.S. v. Omigie, 19-40526, appeal from E.D. Tex., designated for publication Higginbotham, J. (Higginbotham, Jones, Higginson), criminal, sentencing, guilty plea, forfeiture, supervised release Affirming conviction, remanding for determination of whether supervised release condition is consistent with oral pronouncement of court. Court held there was no plain error in the district court’s informing the defendant of … More Take the Fifth: Oct. 7, 2020 opinions
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