Designated for publication Hendrix, J. (Jones, Oldham, Hendrix, by designation), takings, trespass Affirming district court’s judgment that property owner was not entitled as part of just compensation for land taken by government for border wall the value of the portion of the wall built outside the easement previously obtained by the government. Mary Bennett owns … More July 24, 2025, opinions
Designated for publication Richman, J. (Richman, Willett, Douglas), Douglas, J., dissenting in part; criminal, due process, immigration Affirming conviction of illegal reentry. Ismael Adan Ortiz-Rodriguez was removed from the United States in 2017 following expedited removal proceedings initiated by DHS. In 2023, he was convicted of illegal reentry under 8 U.S.C. § 1326(a). Before trial, … More July 23, 2025, opinions
Designated for publication Guidry, J. (Elrod, Enhelhardt, Guidry, by designation), qualified immunity Dismissing appeal of denial of qualified immunity dismissal as an interlocutory appeal. Deputy Jose Nunez responded to a 911 call about a possible home invasion but ended up shooting Stephen Benavides, the unarmed father of the homeowner, upon arrival. Body camera footage showed … More July 16, 2025, opinions
Designated for publication per curiam (Southwick, Oldham, Ramirez), criminal, sentencing, Second Amendment Affirming conviction and sentence for possession of a firearm by a felon. Joseph Terrell Goody, a known gang member with a lengthy criminal record, was convicted of being a felon in possession of a firearm after police discovered a loaded rifle hidden in … More July 14, 2025, opinions
Designated for publication Smith, J. (Smith, Graves, Duncan), Equal Protection Clause, Title VI, mootness Affirming dismissal of challenge to University of Texas’s pre-Harvard policy as moot, reversing mootness dismissal of challenge to post-Harvard policy, and remanding for further proceedings. The Fifth Circuit considered whether UT’s revised admissions practices complied with the Supreme Court’s 2023 ruling … More July 11, 2025, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Unpublished decisions per curiam (Dennis, Oldham, Douglas), criminal, search and seizure Affirming conviction of various drug offenses, upholding district court’s denial of his motion to suppress and its refusal to sever his trial from his co-defendant’s. per curiam (King, Haynes, Ho), prisoner suit Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 … More July 9, 2025, opinions
Unpublished decisions per curiam (Richman, Southwick, Willett), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing Affirming 18-month sentence on revocation of supervised release. per curiam (Barksdale, Higginson, Wilson), criminal, sentencing Affirming 135-month sentence on conviction of conspiracy to possess, with intent to distribute, five kilograms or more … More July 8, 2025, opinions
Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions
Designated for publication Richman, J. (Wiener, Richman, Willett), Willett, J., dissenting; due process Affirming denial of preliminary injunction to plaintiff in plaintiff’s challenge to city ordinance regulating short-term lending. In this case, TitleMax of Texas challenged an amendment to a City of Dallas ordinance that expanded local regulation of short-term lending. The amendment extended prior … More July 1, 2025, opinions
