Tag: ineffective assistance of counsel

July 1-5, 2022, opinions

July 6, 2022

Designated for publication Guijarro v. Enterprise Holdings, Inc., 21-40512, appeal from S.D. Tex. Costa, J. (Richman, Costa, Ho), personal tort Affirming denial of remand to state court, and dismissal of claims against car rental company arising from car accident involving Jeep rented to plaintiffs by defendant. As to removal jurisdiction, the Court held first that … More July 1-5, 2022, opinions

May 13, 2022, opinions

May 26, 2022

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination Affirming summary judgment for employer in … More May 13, 2022, opinions

May 11, 2022, opinions

May 25, 2022

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Badgerow v. Walters, 19-30766, appeal from E.D. La. per curiam (Jolly, Graves, Duncan), arbitration On remand from U.S. Supreme Court, reversing district court’s … More May 11, 2022, opinions

March 7-8, 2022, opinions

March 9, 2022

Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions

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