Designated for publication per curiam (Richman, Dennis, Ho, on panel; but Ho, J., writing separately with respect to the issuance of the mandate) (panel originally orally argued); municipal liability, qualified immunity, en banc, mandate Order vacating order withholding issuance of mandate from October 7, 2025, opinion (“per curiam” Dennis, Richman, Ho; Ho, J., concurring; Dennis, … More February 6, 2026, opinions
Designated for publication Smith, J. (Elrod, Smith, Wilson) (oral argument), coram nobis Affirming denial of writ of coram nobis seeking vacatur of conviction for wire fraud and bank fraud and or restitution award on basis of IAC. Eugene Lockhart, who pleaded guilty to wire and bank fraud and was sentenced to 54 months in prison … More January 29, 2026, opinions
Unpublished decisions per curiam (Higginbotham, Ho, Douglas) (no oral argument), criminal, jury instructions, sentencing, sufficiency of evidence Affirming 84-month sentence and conviction of one count of conspiracy to distribute a controlled substance and six counts of unlawful distribution of a controlled substance. per curiam (Wiener, Engelhardt, Oldham) (no oral argument), Oldham, J., dissenting; criminal, compassionate … More January 28, 2026, opinions
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
