Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!). Designated for publication Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district … More August 1-15, 2024, opinions
Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), qualified immunity, municipal liability, Fourth Amendment, § 1983 Dismissing appeal in part for want of appellate jurisdiction over appeals of denial of summary judgment on punitive damages claim, the summary judgment to police officer on Fourth Amendment search claim, and the summary judgment to the City and … More July 30-31, 2024, opinions
Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions
Designated for publication Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status. … More June 28, 2024, opinions
Unpublished per curiam (Richman, Jones, Ho), Bivens claim Affirming in part and vacating in part plaintiff federal inmate’s Bivens claims arising from delayed and denied medical care for injuries, and remanding for further proceedings. Engelhardt, J. (Higginbotham, Smith, Engelhardt), qualified immunity Affirming denial of motion to dismiss excessive force claims on the basis of qualified … More June 10, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Graves, J. (Richman, Graves, Wilson), criminal, sentencing Vacating sentence that relied on career offender enhancement on conviction for conspiracy to distribute five kilograms or more of cocaine hydrochloride and 280 grams of cocaine base, and remanding for resentencing. The Court summarized: “When the Government fails to prove by a preponderance of the … More May 30, 2024, opinions
Unpublished Graves, J. (Richman, Graves, Wilson), criminal, restitution Affirming district court’s order to Bureau of Prisons to transfer funds from defendant’s inmate account to cover restitution payments. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming 540-month sentence on conviction of conspiracy to commit carjacking, carjacking, brandishing a firearm during a crime of violence, attempted carjacking, … More May 20, 2024, opinions
Designated for publication Elrod, J. (Elrod, Ho, Wilson), timeliness After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings. Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity Affirming denial of qualified immunity. To quote from the Court’s introduction: … More May 1-7, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
