Designated for publication Ho, J. (Higginbotham, Willett, Ho), election law Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants. The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which … More August 4, 2025, opinions
Unpublished decisions per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Duncan, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction of possession of a stolen firearm. per curiam (Higginbotham, Jones, Oldham), criminal, new trial Affirming denial of … More July 25, 2025, opinions
Richman, J. (Richman, Willett, Douglas), Americans with Disabilities Act, sec. 1983, expert witness Affirming district court’s exclusion of plaintiff’s expert witness and grant of Rule 50 motion dismissing plaintiff’s ADA claim. William Carter, a paraplegic man, was jailed for eight days in the Shreveport City Jail for unauthorized use of 911. Prior to his incarceration, … More July 21, 2025, opinions
Designated for publication per curiam (Jolly, Graves, Wilson), Title IX Affirming summary judgment in favor of school district on middle school student’s Title IX deliberate-indifference sex-discrimination claim arising from bullying of student as “gay” by other students and from suspension of student after a bullying incident. M.K., a student previously homeschooled, entered the Pearl River … More July 18, 2025, decisions
Unpublished decisions per curiam (Dennis, Oldham, Douglas), criminal, search and seizure Affirming conviction of various drug offenses, upholding district court’s denial of his motion to suppress and its refusal to sever his trial from his co-defendant’s. per curiam (King, Haynes, Ho), prisoner suit Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 … More July 9, 2025, opinions
Designation for publication Jones, J. (Jones, Oldham, Hendrix, by designation), Oldham, J., concurring; governmental immunity, collateral order doctrine Reversing denial of governmental immunity against police detective for investigation against and prosecution of personnel with a business neighboring the business of the detective’s employer in his moonlighting gig. This case concerns Detective Genaro Hernandez of the … More July 3-5, 2025, opinions
Designated for publication Granting en banc rehearing of unpublished February 26, 2025, panel opinion (Barksdale, Southwick, Graves, per curiam) reversing denial of summary judgment dismissal of plaintiff’s implied-false-certification claim and remanding for dismissal of case. Higginson, J. (Davis, Higginson, Douglas), search and seizure, administrative law, standing Vacating summary judgment in favor of airplane part manufacturer … More June 26, 2025, opinions
Designated for publication Duncan, J. (Haynes, Duncan, Wilson), foreign official immunity, Torture Victim Protection Act Affirming dismissal of TVPA claims against former Nigerian governor under foreign official immunity. In this case, the widows of men killed by Nigerian military forces during rallies in 2020 sued former Nigerian governor Willie Obiano in a Texas federal court … More May 29-30, 2025, opinions
Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions
Opinions designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), criminal, sentence reduction Affirming denial of motion for sentence reduction. Higginson, J. (Smith, Higginson, Douglas), criminal, sentencing, sufficiency of evidence Affirming convictions and sentences for conspiracy to import and importation of methamphetamine. Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentencing Affirming sentence on conviction of … More April 29, 2025, opinions
