Designated for publication Wilson, J. (Stewart, Willett, Wilson) (oral argument), habeas corpus, Brady violation, ineffective assistance of counsel Denying certificate of appealability on denial of habeas petition. Gerald Marshall was convicted of capital murder and sentenced to death by a Texas jury in 2004 for the shooting death of Christopher Dean, a mentally disabled Whataburger … More September 22-23, 2026, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Southwick) (no oral argument), Toxic Substances Control Act, administrative law Granting industry petitioner’s petition for review of EPA rule, vacating rule, and remanding to EPA. Methylene chloride (MC) is a volatile chemical solvent widely used in adhesives, automotive products, and paint removers. EPA determined that nearly all uses … More September 15-16, 2026, opinions
Designated for publication Smith, J. (Smith, Graves, Engelhardt) (oral argument), habeas corpus, First Amendment, ineffective assistance of counsel Affirming denial of habeas relief. Irving Davis raped and murdered 15-year-old Melissa Medina in 2001, cutting off her fingertips to prevent DNA identification. He was convicted of capital murder and sentenced to death; the Texas Court of … More June 25-26, 2026, opinions
Designated for publication Ho, J. (Haynes, Higginson, Ho) (no oral argument), Higginson, J., dissenting; mandamus, venue, antitrust Granting mandamus to compel the district court to transfer venue to the Northern District of California. Branch Metrics, Inc. sued Google, LLC in the Eastern District of Texas, alleging Sherman Act violations based on documents uncovered during the … More April 7, 2026, opinions
Designated for publication Higginson, J. (King, Higginson, Wilson) (oral argument withdrawn), Title IX, costs Affirming costs award to defendant on plaintiffs’ Title IX claims. Eight former student-athletes on SMU’s women’s rowing team sued the university for gender-based discrimination under Title IX and negligence under Texas law, alleging that substandard coaching, athletic training, and medical treatment … More March 16, 2026, opinions
Willett, J. (Elrod, Richman, Willett) (no oral argument), qualified immunity Vacating denial of qualified immunity summary judgment motion by defendant assistant medical examiner, and remanding for reconsideration under correct standard for deliberate indifference. Noel Dean sued Dr. Darshan Phatak under 42 U.S.C. § 1983, alleging that Phatak deliberately fabricated an autopsy report that helped lead … More December 23, 2025, opinions
Designated for publication Duncan, J. (Smith, Graves, Duncan) (no oral argument), diversity jurisdiction, commercial litigation Affirming that diversity jurisdiction exists, and affirming summary judgment for lender/plaintiff holding defendants liable as guarantors for loans made by Appellees Cadence Bank and Century Bank. The Banks made two large loans to Bridgelink Engineering LLC (which the Johnsons managed) … More November 24, 2025, opinions
Designated for publication Higginbotham, J. (Higginbotham, Ho, Douglas) (no oral argument), Ho, J., concurring; False Claims Act, qui tam Affirming dismissal of qui tam action under False Claims Act. Inpatient-rehabilitation facilities (IRFs) provide intensive therapy to patients after hospital discharge and are reimbursed by Medicare per discharge, contingent on compliance with procedural rules such as … More November 3, 2025, opinions
Designated for publication Douglas, J. (Dennis, Oldham, Douglas), Dennis, J., dissenting; sec. 1983, pretrial detention Affirming dismissal of claims by pretrial detainee regarding the alleged misuse of suicide watch protocols by county and county officials. Ronnie Alexander, a pretrial detainee at Henderson County Jail, was moved to a “violent cell” after he falsely claimed to … More July 10, 2025, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983 Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program. per curiam (Haynes, Higginson, Douglas), criminal Affirming conviction for possessing … More December 4, 2024, opinions
