Tag: habeas corpus

February 6, 2025, opinions

February 12, 2025

Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 17-22, 2025, opinions

January 29, 2025

Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., concurring; habeas corpus Affirming dismissal of § 2254 application based on holding that state court’s decision was not contrary to or an unreasonable application of clearly established Supreme Court precedent, when the state court determined that false testimony from the sole identifying witness regarding his … More January 17-22, 2025, opinions

January 8, 2025, opinions

January 9, 2025

Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release … More January 8, 2025, opinions

January 7, 2025, opinions

January 8, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Jones, Dennis, Southwick), breach of contract, insurance Affirming summary judgment dismissal of contract and coverage claims against insurer. per curiam (Higginbotham, Jones, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Stewart, Duncan), … More January 7, 2025, opinions

January 2-5, 2025, opinions

January 6, 2025

Designated for publication per curiam (Voting AGAINST en banc rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez, JJ.; voting FOR en banc rehearing: Jones, Smith, Richman, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.); qualified immunity Denying en banc rehearing of September 10, 2024, panel opinion (Douglas, J., joined by Wiener, J.; Smith, J., dissenting) … More January 2-5, 2025, opinions

December 30-31, 2024, opinions

January 6, 2025

Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, opinions

December 16-27, 2024, opinions

December 29, 2024

Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions

December 5, 2024, opinions

December 6, 2024

Unpublished per curiam (Wilson, Douglas, Vitter, by designation), criminal, sentencing Affirming 120-month sentence on conviction of being a felon in possession of a firearm. per curiam (Smith, Stewart, Duncan), bankruptcy Affirming judgment in favor of debtor on claims by former affiliates of breach of contracts governing the relationship with those affiliates. per curiam (Davis, Stewart, … More December 5, 2024, opinions

December 4, 2024, opinions

December 5, 2024

Unpublished per curiam (Graves, Willett, Wilson), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983 Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program. per curiam (Haynes, Higginson, Douglas), criminal Affirming conviction for possessing … More December 4, 2024, opinions