Tag: immigration

February 14, 2022, opinions

February 16, 2022

Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions

February 9, 2022, opinions

February 10, 2022

Designated for publication VSP Labs, Inc. v. Hillair Capital Investments, L.P., 20-10885, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Willett, Duncan), bankruptcy Affirming district court and bankruptcy court orders prohibiting one non-debtor from asserting claims against two other non-debtors. VSP had entered into a technology-sharing agreement with Pro Fix Optix (“PFO”). VSP brought a breach … More February 9, 2022, opinions

February 4-7, 2022, opinions

February 9, 2022

Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions

February 3, 2022, opinions

February 4, 2022

Designated for publication Landmark American Insurance Co. v. SCD Memorial Place II, L.L.C., 20-20389, appeal from S.D. Tex. Elrod, J. (Elrod, Willett, Engelhardt), insurance Reversing summary judgment in favor of insured on action regarding coverage of flood-related damage sustained during Hurricane Harvey, and rendering judgment in favor of insurer. The policy at issue here is … More February 3, 2022, opinions

February 2, 2022, opinions

February 3, 2022

Designated for publication U.S. v. Swenson, 20-20509, appeal from S.D. Tex. King, J. (King, Costa, Willett), criminal, sentencing, restitution, sufficiency of evidence Affirming conviction of mail fraud, sentence, and restitution award. The Court held that there was sufficient evidence to support the conviction on count of mail fraud (the jury had found defendant not guilty … More February 2, 2022, opinions

February 1, 2022, opinions

February 2, 2022

Designated for publication U.S. v. Martinez, 21-30068, appeal from W.D. La. Davis, J. (Davis, Jones, Elrod), criminal, search and seizure Affirming denial of motion to suppress evidence seized from USPS packages; defendant had argued that reasonable suspicion did not exist to detain the packages, and that the 17-day delay between their detention and the search … More February 1, 2022, opinions

January 31, 2022, opinions

February 1, 2022

Designated for publication Dotson v. Atlantic Specialty Insurance Co., 21-30314, appeal from E.D. La. Ho, J. (King, Graves, Ho), insurance, res judicata Affirming summary judgment dismissing plaintiff’s bad faith claims against insurer arising from insurer’s representations about policy limits in prior litigation arising from an auto accident, on grounds of the res judicata effect of … More January 31, 2022, opinions

January 26, 2022, opinions

January 27, 2022

Unpublished U.S. v. Viator, 20-11235, appeal from N.D. Tex. per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release Afirming district court’s denial of motion for compassionate release. Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex. per curiam (Smith, Stewart, Graves), prisoner suit Affirming dismissal of former prisoner’s § 1983 suit for lack of subject … More January 26, 2022, opinions

January 24-25, 2022, opinions

January 26, 2022

Designated for publication U.S. v. Garrett, 17-10516, appeal from N.D. Tex. Jolly, J. (Jolly, Jones, Southwick), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, reinstating prior judgment reversing imposition of a lesser sentence not enhanced under the ACCA and remanding for resentencing. The panel had previously held that a prior … More January 24-25, 2022, opinions

January 20, 2022, opinions

January 21, 2022

Designated for publication Planned Parenthood Gulf Coast, Inc. v. Phillips, 18-30699, appeal from M.D. La. Elrod, J. (Higginbotham, Elrod, Ho), Ho, J., concurring; abortion law, sovereign immunity, Ex parte Young Granting petition for panel rehearing, withdrawing opinion issued July 15, 2021, which had reversed in part the denial of dismissal on sovereign immunity grounds the … More January 20, 2022, opinions