Designated for publication U.S. v. Kelley, 20-20580, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Oldham), Oldham, J., concurring in judgment; criminal, Speedy Trial Act, sentencing Affirming conviction on being a felon in possession of a firearm, affirming application of sentence enhancement for reckless endangerment, but vacating determination that prior state conviction of attempted aggravated … More July 11, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Crittindon v. LeBlanc, 20-30304, appeal from M.D. La.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(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex.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
Designated for publication U.S. v. Perez-Espinoza, 20-40769, appeal from S.D. Tex. Oldham, J. (Davis, Willett, Oldham), criminal, sentencing Affirming sentence, holding that orally pronounced supervised-release term that defendant would have to report to U.S. Probation Office within 72 hours of return to U.S. was not materially different from written term that he would have to … More April 21, 2022, opinions
Designated for publication Rodriguez v. Garland, 20-60008, petition for review of BIA order per curiam (Higginbotham, Willett, Duncan); Duncan, J., concurring (joined by Higginbotham, Southwick, Higginson, Willett, JJ.); Elrod, J., dissenting (joined by Jones, Smith, Wilson, JJ.); Ho, J., dissenting; immigration Denying petition for panel rehearing and for en banc rehearing, with eight judges voting … More April 19, 2022, opinions
Designated for publication Foster v. Warden, 20-10841, appeal from N.D. Tex. Southwick, J. (Dennis, Southwick, Wilson), mootness Vacating dismissal on mootness grounds of former military prisoner’s suit regarding the constitutionality of term of supervised release he had been found to have violated, and remanding to district court for determination of whether post-imprisonment effect on eligibility … More April 13-14, 2022, opinions
(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions
Designated for publication U.S. v. Castro, 18-10137, appeal from N.D. Tex. Oldham, J. (Ho, Oldham, Wilson), habeas corpus Denying petition for rehearing, but withdrawing prior panel opinion and substituting new opinion that vacates Certificate of Appealability and dismisses appeal from denial of § 2255 petition. The Court held that it had the power to vacate … More March 14-18, 2022, opinions
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