Designated for publication per curiam (Higginson, Willett, Oldham) (no oral argument), Oldham, J., concurring in judgment; judgment execution, appeal bond Denying motion to apply Texas-law cap to supersedeas bond amount to stay a judgment pending appeal. A jury returned a verdict against members of the Mulacek family, and the district court entered a judgment exceeding … More October 13, 2026, opinions
Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
Designated for publication Higginbotham, J. (Higginbotham, Willett, Ho) (oral argument prior to certification to state supreme court), statutory immunity, personal tort Upon receiving state supreme court opinion after June 25, 2025, certification of question regarding statutory immunity, reversing district court’s ruling that defendant had immunity and remanding for further proceedings. The Breauxs and the Blanchards … More September 9, 2026, opinions
Designated for publication Wilson, J. (Southwick, Graves, Wilson) (no oral argument), Graves, J., dissenting in part; criminal, sentencing, restitution Affirming enhanced sentence for receipt of child pornography; and affirming in part and vacating in part restitution awards. Mendoza pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) after DHS discovered … More August 7, 2026, opinions
Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Granting motion to modify original panel opinion rendered June 8, 2026, and substituting new opinion that likewise affirmed tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. Anne Milner Fields, a businesswoman diagnosed with Alzheimer’s in 2011, … More July 31, 2026, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 2026, opinions
Designated for publication Smith, J. (Smith, Graves, Engelhardt) (oral argument), habeas corpus, First Amendment, ineffective assistance of counsel Affirming denial of habeas relief. Irving Davis raped and murdered 15-year-old Melissa Medina in 2001, cutting off her fingertips to prevent DNA identification. He was convicted of capital murder and sentenced to death; the Texas Court of … More June 25-26, 2026, opinions
Designated for publication Douglas, J. (Southwick, Higginson, Douglas) (oral argument), trade secrets, RICO Reversing dismissal of plaintiff’s RICO/theft-of-trade-secrets claim, and remanding for further proceedings. EnvTech, Inc. is a company that developed a confidential proprietary one-step chemical formula and cleaning process for hydrofluoric acid alkylation (“HF alky”) units in oil refineries, controlling roughly 80% of the … More June 9 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (no oral argument), immigration, Religious Freedom Restoration Act, res judicata Withdrawing December 15, 2025, opinion and substituting new opinion affirming dismissal of challenge to denial of visa for foreign student plaintiff sought to sponsor under the Religious Freedom Restoration Act, but in change from original panel opinions … More February 12-13, 2026, opinions
