Designated for publication per curiam (Richman, Ho; Dennis on panel but not participating in this order) (oral argument at the merits stage), Ho, J., dissenting from denial of panel rehearing; municipal liability, qualified immunity, First Amendment Denying petition for panel rehearing of October 7, 2025, opinion that had affirmed qualified immunity dismissal of police officers … More January 13, 2026, opinions
Designated for publication per curiam (en banc) (oral argument at panel stage) (voting for en banc rehearing: Jones, Smith, Willett, Ho, Duncan, Engelhardt, Wilson, JJ.; voting against en banc rehearing: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ.), Ho, J., dissenting from denial of en banc rehearing (joined by Jones, Smith, Engelhardt, JJ.); … More January 12, 2026, opinions
Designated for publication Douglas, J. (Smith, Higginson, Douglas) (oral argument), sec. 1988, standing, attorneys’ fees Affirming vacatur of attorneys’ fee award after vacatur of declaratory judgment relief for lack of standing in plaintiff’s constitutional challenge to city’s home rule charter. Plaintiffs-Appellants challenged provisions of the City of Houston home-rule charter requiring initiative petition circulators to … More January 2-6, 2026, opinions
Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), criminal, sentencing Affirming life sentence on conviction of conspiracy to possess with intent to distribute controlled substances. per curiam (Richman, Southwick, Willett) (no oral argument), criminal, sentencing Vacating in part sentence on conviction of illegal reentry, to strike Standard Conditions 2 through 13 from the … More December 26-29, 2025, opinions
Willett, J. (Elrod, Richman, Willett) (no oral argument), qualified immunity Vacating denial of qualified immunity summary judgment motion by defendant assistant medical examiner, and remanding for reconsideration under correct standard for deliberate indifference. Noel Dean sued Dr. Darshan Phatak under 42 U.S.C. § 1983, alleging that Phatak deliberately fabricated an autopsy report that helped lead … More December 23, 2025, opinions
Designated for publication per curiam (Higginbotham, Ho, Douglas) (oral argument withdrawn), criminal, sentencing Affirming sentence on conviction of possession of a firearm by a felon. The Court affirmed the sentence of Eddie Hudson. The court found no error in the district court’s decision to treat Hudson’s 2008 Arkansas robbery conviction as a prior “crime of … More December 5, 2025, opinions
Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions
Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions
Designated for publication King, J. (King, Smith, Douglas) (oral argument), criminal, sufficiency of evidence, Brady violation, witness testimony Affirming conviction of sex trafficking. The Fifth Circuit affirmed the conviction and 480-month sentence of Larry Odell Lewis for sex trafficking and coercion-and-enticement offenses involving four women he controlled as prostitutes between 2014 and 2017. The court … More October 21, 2025, opinions
Designated for publication Douglas, J. (Wiener, Douglas, Ramirez) (oral argument), Ramirez, J., dissenting; habeas corpus, speedy trial, Sixth Amendment, AEDPA Reversing denial of § 2254 petition and remanding with instructions to issue writ of habeas corpus regarding petitioner’s speedy trial claim arising from the elapsing of 1,233 days between his arrest and his state court … More October 16, 2025, opinions
