Tag: personal torts

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

September 16-19, 2022, opinions

September 20, 2022

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

September 8, 2022, opinions

September 9, 2022

Designated for publication Richman, C.J. (Richman, Barksdale, Duncan), qualified immunity Denying petition for rehearing en banc, withdrawing February 15, 2022, panel opinion and substituting new opinion, again reversing the denial of qualified immunity on the plaintiff’s excessive force claims and rendering judgment dismissing those claims, but expressing no opinion on unlawful arrest and bystander injury … More September 8, 2022, opinions

September 2, 2022, opinions

September 5, 2022

Designated for publication per curiam (King, Duncan, Engelhardt), immigration Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings and apply for cancellation of removal, and remanding to BIA for further proceedings. The Court held that the failure of the government to provide the date and place of the … More September 2, 2022, opinions

August 25, 2022, opinions

August 26, 2022

Designated for publication Garcia v. Orta, 21-50890, appeal from W.D. Tex. Southwick, J. (Smith, Wiener, Southwick), qualified immunity Reversing denial of summary judgment and rendering summary judgment in favor of arresting officers on qualified immunity grounds, dismissing plaintiff’s suit for detention without probable cause for DWI. Plaintiff had been held in pretrial detention, unable to … More August 25, 2022, opinions

August 15, 2022, opinions

August 16, 2022

(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions

July 15, 2022, opinions

July 18, 2022

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

July 8, 2022, opinions

July 11, 2022

Designated for publication U.S. v. Kelley, 20-30436, appeal from W.D. La. Elrod, J. (King, Elrod, Southwick), habeas corpus Vacating district court’s denial of habeas relief on petitioner’s § 2255 petition, holding that the Supreme Court’s decision in Rehaif v. United States, 139 S. Ct. 2191, 219 (2019), that knowledge of felony status is an essential … More July 8, 2022, opinions

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