Designated for publication per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Ho, Engelhardt, Oldham, Wilson); Ho, J., concurring in denial of rehearing; Jones, J., dissenting from denial of rehearing (joined by Smith, Duncan, JJ.); absolute immunity Denying rehearing en banc on a 7-9 vote, Judges Richman, Jones, Smith, Southwick, … More October 26-28, 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 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 Duncan, J. (Smith, Duncan, Oldham), Oldham, J., concurring in part; insurance, COVID-19 Affirming dismissal of plaintiff’s claims against insurer, agent, and broker after denial of claims for direct physical loss of or damage to property arising from income lost during mandatory pandemic shutdown. The Court held that the district court did not … More September 20, 2022, opinions
Designated for publication Duncan, J. (Wiener, Graves, Duncan), bankruptcy Granting petition for panel rehearing from August 19, 2022, panel opinion; withdrawing that opinion and substituting a new opinion, but with the same operative effect: Affirming in large part confirmation order in investment firm’s bankruptcy; but reversing that portion of the liquidation plan that exculpated certain … More September 7, 2022, opinions
Designated for publication U.S. v. Coulter, 20-10999, appeal from N.D. Tex. Jones, J. (Richman, Jones, Wilson); Jones, J., concurring; Richman, C.J., dissenting; criminal, search and seizure Reversing district court’s order suppressing the defendant’s statements made to officer about his possession of a gun and his prior aggravated robbery conviction, where those statements were made without … More July 18, 2022, opinions
Designated for publication Williams v. City of Yazoo, 20-61061, appeal from S.D. Miss. Costa, J. (Clement, Graves, Costa), qualified immunity Affirming denial of qualified immunity as to individual officers in case arising from detainee’s death from internal bleeding while in county jail after being assaulted with a metal pipe and after jailers repeatedly ignored his … More July 15, 2022, opinions
Designated for publication U.S. v. Caldwell, 21-10509, appeal from N.D. Tex. per curiam (Richman, Costa, Ho), habeas corpus Reversing district court’s grant of relief on § 2255 petition, holding that petitioner’s guilty-plea waiver barred collateral attack even where based on a substantive change in the law. Texas v. U.S., 22-40367, appeal from S.D. Tex. per … More July 6, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La. Higginbotham, J. (Higginbotham, Costa, Oldham), Oldham, J., dissenting; qualified immunity Affirming in part and reversing in part denial of qualified immunity for … More June 7-12, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions
