Take the Fifth: Nov. 16, 2020 opinions

Designated for publication U.S. v. McKinney, 19-50801, appel from W.D. Tex. Southwick, J. (Owen, Davis, Southwick), criminal, search and seizure Vacating conviction and sentence based on conditional guilty plea to being a felon in possession of a firearm, holding that district court erred in denying motion to suppress evidence of discovery of firearm by an … More Take the Fifth: Nov. 16, 2020 opinions

Take the Fifth: Oct. 28, 2020 opinions

Designated for publication Mi Familia Vota v. Abbott, 20-50907, appeal from W.D. Tex. per curiam (Owen, Davis, Southwick), election law, Covid-19, mask mandate On October 27, 2020, on a remand from the Fifth Circuit, the district court issued a preliminary injunction of one provision of Governor Abbott’s declaration regarding COVID-19-related election procedures in Texas–specifically, a … More Take the Fifth: Oct. 28, 2020 opinions

Take the Fifth: Oct. 9, 2020 opinions

U.S. v. Strother, 19-40361, appeal from E.D. Tex., designated for publication Higginson, J. (Higgonbotham, Jones, Higginson), criminal, sentencing, guilty plea Affirming conviction and sentence. Defendant had pled guilty to possession of a firearm by a felon. Thereafter, his counsel successfully moved to withdraw as counsel, and defendant filed a pro se motion to withdraw his … More Take the Fifth: Oct. 9, 2020 opinions

Take the Fifth: Oct. 2, 2020 opinions

Basic Capital Management, Inc. v. Dynex Capital, Inc., et al., 19-11272, appeal from N.D. Tex., designated for publication King, J. (King, Stewart, Southwick), commercial, fraudulent transfer, alter ego, limitations, res judicata Affirming 12(b)(6) dismissal on time-bar and res judicata grounds of plaintiffs’ complaint asserting claims fraudulent transfer and alter ego. Plaintiffs had gained a $55 … More Take the Fifth: Oct. 2, 2020 opinions

Take the Fifth: Sept. 30, 2020 opinions

Texas Alliance for Retired Americans v. Hughs, 20-40643, Designated for Publication per curiam (Clement, Elrod, Haynes), elections law Staying district court’s preliminary injunction of enforcement of Texas House Bill 25, which would eliminate straight-ticket voting. HB25’s straight-ticket voting ban became effective September 1, 2020; District Court enjoined HB25 on September 25; early voting in Texas … More Take the Fifth: Sept. 30, 2020 opinions