Unpublished per curiam (Smith, Southwick, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Smith, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Duncan, Wilson), criminal Granting Anders motion to withdraw, and … More June 5, 2023, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), immigration Denying Ecuadoran citizen’s petition for review of BIA order denying motion to reopen removal proceedings and rescind in absentia order of removal; holding that it was the petitioner’s duty to correct the address he had provided to immigration officials that misspelled (by one letter) the city … More June 2, 2023, opinions
Unpublished per curiam (Richman, Dennis, Haynes), prisoner suit Vacating 41(b) dismissal of Texas state prisoner’s § 1983 suit, concluding that lesser sanctions would prompt diligent prosecution of suit, and remanding for further proceedings. per curiam (Graves, Ho, Duncan), breach of contract Reversing judgment on jury verdict in favor of company’s former CEO on his breach … More May 31, 2023, opinions
Designated for publication Graves, J. (Graves, Ho, Duncan), Ho, J., concurring; immigration Denying Cambodian citizen’s petition for review of BIA order affirming IJ’s finding that he is removable for having been convicted of an aggravated felony. The Court held “that Khan’s conviction under 18 Pa. Cons. Stat. § 3925(a) constitutes receipt of stolen property, and … More May 30, 2023, opinions
Designated for publication Clement, J. (Clement, Oldham, Wilson), Oldham, J., concurring; insurance Affirming dismissal of insured’s suit against insurer on pollution liability policy, where insured sought defense from charges that it had intentionally dumped polluted polluted wastewater into city sewer system and policy only covered “accidents.” Judge Oldham concurred in the judgment, but for a … More May 19-22, 2023, opinions
Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Dennis, J., dissenting in part; Duncan, J., dissenting in part; legislative privilege, appellate jurisdiction, standing Affirming district court’s order that Mississippi legislators must provide a privilege log for documents they contend are subject to the legislative privilege, but reversing district court’s order that the legislative privilege is … More May 10, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Southwick, Willett), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claim for impeding access to medical care after the onset of stroke symptoms, upon holding that plaintiff’s claims were malpractice claims but did not allege a deprivation of constitutionally secured rights. The Court held, “We conclude that … More May 5-8, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), immigration Granting motion to clarify and amend, withdrawing prior opinion and substituting new one, granting Mexican citizen’s petition for review of BIA order denying cancellation of removal and voluntary departure, vacating BIA order, and remanding for determination of whether petitioner’s conviction for a hit-and-run was a “crime … More May 4, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
