Tag: pretrial detention

August 27, 2026, opinions

August 28, 2026

Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), copyright, Digital Millenium Copyright Act Remanding from district court’s denial of DMCA claims, for reconsideration under an appropriate standard to review what constitutes protected copyright management information. Emmerich Newspapers, a publisher of over 26 local news publications, sued Particle Media, the operator of the NewsBreak … More August 27, 2026, opinions

August 24, 2026, opinions

August 25, 2026

Designated for publication per curiam (Elrod, Richman, Willett), Willett, J., dissenting (no oral argument); qualified immunity, municipal liability Affirming the district court’s dismissal of all claims—both the individual-capacity claims on qualified immunity grounds and the Monell claim for failure to plausibly allege an official policy or custom. On August 29, 2020, Tara Fogleman-Laxey staged a … More August 24, 2026, opinions

June 30, 2026, opinions

July 3, 2026

Designated for publication Duncan, J. (Jones, Duncan, Douglas), Douglas, J., dissenting (oral argument); administrative law, nondelegation doctrine, Seventh Amendment, major questions doctrine Granting petition for review of HHS enforcement order imposing fine for selling of unauthorized vaping products, and vacting decision. Texas Tobacco Barn (TTB), a Lubbock, Texas vape shop, applied for FDA premarket authorization … More June 30, 2026, opinions

May 27-28, 2026, opinions

May 29, 2026

Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions

May 19, 2026, opinions

May 20, 2026

Unpublished decisions per curiam (Stewart, Willett, Wilson) (no oral argument), habeas corpus Dismissing as frivolous appeal from dismissal of § 2244 petition challenging convictions for receipt and possession of child pornography, and whether his actual-innocence claim satisfied the savings clause of 28 U.S.C. § 2255(e). Relying on Jones v. Hendrix, 599 U.S. 465 (2023), the … More May 19, 2026, opinions

March 19, 2026, opinions

March 20, 2026

Designated for publication Jones, J. (King, Jones, Oldham) (oral argument), King, J., dissenting; personal torts, First Amendment Reversing summary judgment dismissal of negligence claims against protest organizer by police officer who was injured while responding to the protest, and remanding for trial of claims. Officer John Ford was struck in the head with a piece … More March 19, 2026, opinions

March 9, 2026, opinions

March 12, 2026

Designated for publication Engelhardt, J. (Higginson, Willett, Engelhardt) (oral argument), Willett, J., concurring in part; class action, employment, Americans with Disabilities Act Affirming district court’s rejection of two proposed classes and certification of one modified subclass of United Airlines employees who sought religious accommodations from COVID-19 vaccine mandate and who were accommodated with unpaid leave. … More March 9, 2026, opinions

December 4, 2025, opinions

December 10, 2025

Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions

December 3, 2025, opinions

December 4, 2025

Designated for publication Stewart, J. (Smith, Stewart, Haynes) (no oral argument), criminal, sentencing Affirming 240-month and 360-month concurrent sentences on conviction of possession of child pornography and sexual exploitation of children, and financial penalties and restitution of $55,300. In June 2021, police discovered that the defendant, Ulysses Rubalcava, had sexually abused two of his minor … More December 3, 2025, opinions

October 21, 2025, opinions

October 22, 2025

Designated for publication King, J. (King, Smith, Douglas) (oral argument), criminal, sufficiency of evidence, Brady violation, witness testimony Affirming conviction of sex trafficking. The Fifth Circuit affirmed the conviction and 480-month sentence of Larry Odell Lewis for sex trafficking and coercion-and-enticement offenses involving four women he controlled as prostitutes between 2014 and 2017. The court … More October 21, 2025, opinions