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
Designated for publication per curiam (voting against rehearing en banc: Elrod, Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for rehearing en banc: Ho, J.–yes, a 16-1 vote againt rehearing en banc); Duncan, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Oldham, Engelhardt, … More January 31, 2025, opinions
Designated for publication Jones, J. (Elrod, Jones, Barksdale), Second Amendment Reversing district court’s judgment that a 1968 federal statute prohibiting sale of handguns to 18- to 20-year-old adults was not unconstitutional and finding the ban is unconstitutional under the Second Amendment; overruling Court’s precedent from National Rifle Association, Inc. v. Bureau of Alcohol, Tobacco, Firearms, … More January 30, 2025, opinions
Designated for publication Southwick, J. (Southwick, Haynes, Douglas), Haynes, J., dissenting; insurance Affirming summary judgment for insurer on dispute over interpretation of flood deductible provision in builder’s risk insurance policy. The Court held that the district court did not err in resolving the ambiguity in summary judgment review of extrinsic evidence where the insured had … More January 29, 2025, opinions
Designated for publication per curiam (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Ho, Duncan, Oldham, JJ.), Ho, J., dissenting from denial of rehearing; Oldham, J. (joined by Jones, Smith, Duncan, JJ.), dissenting from denial of rehearing; prisoner suit, appellate jurisdiction, en … More January 28, 2025, opinions
Designated for publication Wilson, J. (Davis, Graves, Wilson), administrative law Affirming dismissal of plaintiffs’ claims challenging as applied to them the use of a Total Per Capita Cost measure as part of the government defendants’ Merit-Based Incentive Payment System for purposes of adjustment of Medicare reimbursement rates, finding that plaintiffs’ regulatory challenge was statutorily barred. … More January 23-26, 2025, opinions
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
Designated for publication Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing, sufficiency of evidence Affirming conviction and 36-month sentence for wire fraud arising from fraudulent loan scheme involving the Paycheck Protection Program, but remanding for correction of a clerical error in the judgment. Wilson, J. (Jolly, Graves, Wilson), criminal, sentencing Vacating sentence based on enhancement for … More January 15-16, 2025, opinions
Designated for publication Ramirez, J. (Richman, Graves, Ramirez), qualified immunity Reversing denial of motion to dismiss on qualified immunity grounds, on plaintiffs’ deliberate indifference claims arising from death of detainee from combined drug toxicity after he reported to the detaining officers that he did not feel well. The Court held, “An officer’s failure to immediately … More January 14, 2025, opinions
Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions
