Designated for publication per curiam (Clement, Duncan, Wilson), prisoner suit, First Amendment Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims that confiscation of religious materials violated his First Amendment rights. The Court held that TDJC policies regarding storage of personal property and the confiscation of any personal property not stored properly according … More October 4-5, 2022, opinions
Designated for publication per curiam (Jolly, Higginson, Engelhardt), Engelhardt, J., concurring; insurance, remand, diversity jurisdiction, removal Affirming denial of motion for remand, but reversing summary judgment in favor of insurer on coverage dispute arising from insurer’s denial of plaintiff’s Hurricane Harvey-related property damage coverage claims on the basis of an exclusion for pre-existing wear and … More October 3, 2022, opinions
Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions
Designated for publication Smith, J. (Jolly, Smith, Engelhardt), Jolly, J., dissenting in part; First Amendment Reversing summary judgment in favor of plaintiffs challenging Texas Justice of the Peace Wayne Mack’s opening of court with a ceremony that includes a prayer, and rendering judgment in favor of Mack. The Court held this was “a zero-pence case,” … More September 29, 2022, opinions
Designated for publication per curiam (Jones, Ho, Wilson), criminal, sentencing, Armed Career Criminal Act Vacating sentence on conviction of being a felon in possession of a firearm, and remanding for resentencing, disagreeing with the district court that the ACCA (which would increase the statutory maximum from ten years to a minimum of 15 years) was … More September 26-28, 2022, opinions
Designated for publication Smith, J. (Smith, Clement, Haynes), criminal, search and seizure Affirming conviction of illegal possession of firearms by an illegal alien, and upholding denial of motion to suppress statement and weapons found in search of trailer after officers served an administrative warrant on defendant. The Court held there was no clear error in … More September 23, 2022, opinions
Designated for publication Southwick, J. (Jones, Southwick, Oldham), immigration Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Court held that several of the petitioner’s claims of procedural … More September 21, 2022, opinions
Designated for publication Elrod, J. (Stewart, Clement, Elrod), subpoenas, sovereign immunity Reversing partial denial of motions to quash subpoenas duces tecum that had been served on county district judges to determine their role in creating and enforcing Harris County’s bail schedule, which was the subject of plaintiffs’ constitutional challenge to the county’s felony-bail system. The … More September 16-19, 2022, opinions
Designated for publication King, J. (King, Elrod, Southwick), Elrod, J., concurring in judgment; tax, Freedom of Information Act, attorneys’ fees Affirming dismissal of claims challenging tax penalties, revocation of passport pursuant to penalties, and denial of award of attorneys’ fees under FOIA. The Court held that the district court correctly dismissed the plaintiff’s claims challenging … More September 15, 2022, opinions
Designated for publication per curiam (Higginbotham, Southwick, Engelhardt), criminal, search and seizure In interlocutory appeal, reversing district court’s grant of motion to suppress, and remanding for further proceedings. The Court held that the district court erred in finding that there was no reasonable suspicion for the investigatory stop that led to the search of the … More September 9, 2022, opinions
