Tag: habeas corpus

Take the Fifth: Oct. 15, 2020 opinions

October 16, 2020

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

Take the Fifth: Oct. 13, 2020 opinions

October 14, 2020

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

Take the Fifth: Oct. 8, 2020 opinions

October 9, 2020

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

Take the Fifth: Oct. 7, 2020 opinions

October 8, 2020

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

Take the Fifth: Oct. 6, 2020 opinions

October 7, 2020

U.S. v. Peterson, 19-11143, appeal from N.D. Tex., designated for publication Higginson, J. (Higginbotham, Jones, Higginson), criminal, attempted enticement of a minor, sentencing Affirming conviction and sentence of defendant for attempted enticement of a minor to engage in sexual activity under 18 U.S.C. § 2422(b). The Court rejected defendant’s challenge to the sufficiency f the … More Take the Fifth: Oct. 6, 2020 opinions

Take the Fifth: Oct. 5, 2020 opinions

October 5, 2020

Empower Texans, Inc. v. Geren, 19-50557, appeal from W.D. Tex., designated for publication Southwick, J. (Elrod, Southwick, Haynes), mootness Vacating District Court’s dismissal of suit on grounds of legislative immunity, holding the suit to be moot, and remanding with instructions to dismiss as moot. Plaintiffs had filed suit against the Chairman of the Committee on … More Take the Fifth: Oct. 5, 2020 opinions

Take the Fifth: Sept. 30, 2020 opinions

September 30, 2020

Texas Alliance for Retired Americans v. Hughs, 20-40643, Designated for Publication per curiam (Clement, Elrod, Haynes), elections law Staying district court’s preliminary injunction of enforcement of Texas House Bill 25, which would eliminate straight-ticket voting. HB25’s straight-ticket voting ban became effective September 1, 2020; District Court enjoined HB25 on September 25; early voting in Texas … More Take the Fifth: Sept. 30, 2020 opinions