Designated for publication Jones, J. (King, Jones, Oldham), bankruptcy Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal. Jolly, J. (Jolly, Smith, Haynes), federal … More May 13, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Higginson), bankruptcy, Burford abstention Reversing denial of claimant’s motion for Burford abstention in adversarial proceeding brought by debtor trustee to challenge the creditor’s proof of claim; reversing denial of motion to dismiss certain claims that parties agreed were claims for equitable relief; and vacating dismissal of remaining damages … More April 29, 2024, opinions
Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication Stewart, J. (Richman, Stewart, Dennis), habeas corpus Affirming district court’s dismissal of second-in-time § 2254 petition as a successive habeas petition, rejecting argument that the fact that the appeal of the denial of the petitioner’s first-in-time § 2254 petition was still pending made his second-in-time petition merely an amendment of the first-in-time … More April 12-15, 2024, opinions
Designated for publication Ramirez, J. (Richman, Oldham, Ramirez), immigration Vacating judgment denying preliminary injunctive relief to nonimmigrants challenging the delay in processing their I-485 applications for adjustment of status from employment-based visas to lawful permanent residents, and remanding with instructions to dismiss for lack of subject-matter jurisdiction. The Court held, under the Immigration and Naturalization … More April 9, 2024, opinions
Designated for publication per curiam (King, Ho, Engelhardt), criminal, search and seizure, Miranda rights Affirming conviction of possession with intent to distribute heroin, fentanyl, and cocaine, upholding denial of motion to suppress. The Court held that the record contained sufficient evidence of probable cause to conduct a warrantless search of the defendant’s vehicle, obviating the … More April 5-8, 2024, opinions
Unpublished per curiam (Jones, Southwick, Ho), prisoner suit Affirming dismissal of Texas state prisoner’s suit as frivolous. per curiam (Wiener, Stewart, Douglas), criminal, sentencing Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce. per curiam (Jolly, Smith, Haynes), criminal … More March 27-30, 2024, opinions
Designated for publication per curiam (Willett, Wilson, Ramirez), insurance, arbitration Reversing district court’s denial of motion to stay litigation and compel arbitration, and remanding with instructions to grant the motion. The plaintiff insured had a uniform policy allocated separately across ten insurers, eight domestic and two foreign, which contained an arbitration provision. After Hurrican Laura … More March 26, 2024, opinions
