Tag: Sixth Amendment

August 26-31, 2022, opinions

September 1, 2022

(Abbreviated summaries on this group of opinions, due to some heavy briefing obligations in our practice that have shortened our time to draft more detailed summaries of these opinions) Designated for publication Unpublished

March 7-8, 2022, opinions

March 9, 2022

Designated for publication U.S. v. Sheperd, 19-20073, appeal from S.D. Tex. Willett, J. (Smith, Willett, Duncan), criminal, Sixth Amendment, ineffective assistance of counsel Remanding to district court to hold evidentiary hearing on whether defendant’s pretrial counsel’s conflict of interest adversely affected her right to representation. From Judge Willett’s comprehensive introduction: “‘The Sixth Amendment is the … More March 7-8, 2022, opinions

February 14, 2022, opinions

February 16, 2022

Designated for publication McFarland v. Lumpkin, 19-70011, appeal from S.D. Tex. per curiam (Higginbotham, Southwick, Willett), habeas corpus, ineffective assistance of counsel, Brady claim, Sixth Amendment Affirming denial of habeas relief, after having granted COA on denial of claims of ineffective assistance of counsel, Brady violation, and Sixth Amendment violation. Reminiscent of the original panel … More February 14, 2022, opinions

December 10-14, 2021, opinions

December 15, 2021

Designated for publication Cochran v. U.S. Securities and Exchange Commission, 19-10396, appeal from N.D. Tex. Haynes, J. (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Duncan, Engelhardt, Oldham, Wilson), joined by Jones, Smith, Elrod, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ. (Willett, J., concurring in judgment only); Oldham, J., concurring, joined by … More December 10-14, 2021, opinions

Take the Fifth: May 21 and 24, 2021 opinions

May 25, 2021

Designated for publication Canfield v. Lumpkin, 18-10431, appeal from N.D. Tex. Owen, C.J. (Owen, Higginbotham, Willett), Higginbotham, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming the district court’s denial of petitioner’s habeas claims based on ineffective assistance of counsel for failure to investigate and challenge a juror who displayed partiality during voir dire. The … More Take the Fifth: May 21 and 24, 2021 opinions

Take the Fifth: May 19, 2021 opinions

May 20, 2021

Designated for publication U.S. v. Morton, 19-10842, appeal from N.D. Tex. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson); criminal, search and seizure Vacating January 5, 2021 opinion that vacated sentence of conviction on child pornography charges and reversed district court’s denial of motion … More Take the Fifth: May 19, 2021 opinions