Designated for publication Oldham, J. (Ho, Duncan, Oldham), qualified immunity Previously released as an unpublished per curiam opinion on October 1, 2024, this is now a published opinion attributed to Judge Oldham, affirming the denial of a qualified immunity summary judgment moved for by the defendant state trooper who shot the plaintiff at point-blank range … More October 4, 2024, opinions
Designated for publication per curiam (judges voting against rehearing: Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Ho, Engelhardt, Wilson, Douglas, Ramirez; judges voting for rehearing: Smith, Elrod, Willett, Duncan, Oldham); Oldham, J., dissenting from denial of rehearing en banc (joined by Smith, Elrod, Willett, Duncan, JJ.); Fair Labor Standards Act, Motor Carrier Act, en banc … More October 1, 2024, opinions
Designated for publication per curiam (Higginbotham, Southwick, Higginson), taking, federal question jurisdiction On remand from the U.S. Supreme Court, remanding to district court with instructions to remand to state court the plaintiffs’ taking claims against Texas. Willett, J. (Willett, Wilson, Ramirez), Ramirez, J., concurring; First Amendment Reversing summary judgment in favor of the State of … More September 25-27, 2024, opinions
Designated for publication Willett, J. (Dennis, Willett, Duncan), Dennis, J., dissenting in part; criminal, Sixth Amendment, jury instruction Affirming conviction for possession with intent to distribute 500 grams or more of methamphetamine. The Court found no error in the district court’s acceptance of the defendant’s waiver of potential conflict of interest by his counsel, a … More September 24, 2024, opinions
Designated for publication Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings. The Court … More September 23, 2024, opinions
Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), criminal, sentencing Affirming district court’s determination that federal sentence for possession of a firearm by a felon would run consecutively with state-court sentence and that defendant would not get 43 months’ credit for time spent serving sentence on state conviction. per curiam (Haynes, Willett, Oldham), Haynes, J., … More September 9, 2024, opinions
Unpublished per curiam (King, Stewart, Higginson), criminal Affirming conviction of wire fraud. per curiam (Jolly, Graves, Oldham), criminal, sentencing Affirming denial of motion for sentence reduction. per curiam (Jones, Willett, Engelhardt), foreclosure Affirming summary judgment dismissal of claims arising from mortgage servicing. per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence Affirming conviction of possession … More September 5, 2024, opinions
Designated for publication Dennis, J. (Jones, Dennis, Willett); Willett, J., concurring; Jones, J., dissenting; qualified immunity, municipal liability Reversing summary judgment dismissal on qualified immunity grounds of excessive force claims arising from violent arrest of plaintiff, holding that the defendant officer “failed to show the absence of a genuine dispute of material fact as to … More August 29-30, 2024, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Higginson), criminal, equitable tolling, sufficiency of evidence, witness testimony Vacating conviction of making false statements on the basis that equitable tolling of the statute of limitations was unavailable; but affirming convictions of conspiracy to defraud the United States and falsification of records in a federal investigation, rejecting sufficiency … More August 22, 2024, opinions
