Tag: Sixth Amendment

April 25-26, 2024, opinions

April 29, 2024

Designated for publication per curiam (Elrod, Willett, Duncan), criminal, restitution Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings. Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing Affirming conviction … More April 25-26, 2024, opinions

March 18, 2024, opinions

March 19, 2024

Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions

December 15, 2023, opinions

December 18, 2023

Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions

July 28-31, 2023, opinions

August 1, 2023

Designated for publication Higginson, J. (Higginbotham, Southwick, Higginson), insurance Affirming in part and reversing in part summary judgment in favor of insurers on claim for defense and indemnification under CGL and umbrella policies for an underlying suit against the insured alleging contamination from the plaintiff’s auto salvage and vehicle wash properties. The Court held that … More July 28-31, 2023, opinions

July 25, 2023, opinions

July 26, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Engelhardt), Higginbotham, J., dissenting in part; criminal, sufficiency of evidence, jury instructions, Sixth Amendment, hearsay Affirming convictions of doctor and pharmacists in “pill mill” operation of controlled substance distribution and conspiracy counts, rejecting argument that there was not sufficient evidence to overcome the Controlled Substances Act’s exemption for … More July 25, 2023, opinions

July 14-18, 2023, opinions

July 21, 2023

Designated for publication Willett, J. (Richman, Wiener, Willett), Wiener, J., concurring; Title IX, sec. 1983 Denying rehearing en banc, and withdrawing prior panel opinion and substituting new opinion, reversing denial of qualified immunity dismissal of sec. 1983 claim on state-created danger grounds, and remanding for proceedings of Title IX claims arising from sexual assault of … More July 14-18, 2023, opinions

July 12, 2023, opinions

July 13, 2023

Designated for publication Douglas, J. (Higginbotham, Graves, Douglas), insurance Certifying to Texas Supreme Court question of whether attorneys’ fees are still owed under the Texas Prompt Payment of Claims Act after insurer makes payment of appraisal award plus interest. Wilson, J. (Wiener, Higginson, Wilson), Fair Labor Standards Act Reversing dismissal of plaintiffs’ FLSA overtime claims, … More July 12, 2023, opinions

March 22, 2023, opinions

March 23, 2023

Designated for publication Dennis, J. (Wiener, Dennis, Duncan), criminal, Confrontation Clause, Sixth Amendment, sufficiency of evidence, sentencing, crime of violence Upon granting petition for panel rehearing, vacating defendants’ conviction for aiding and abetting the discharge of a firearm during a crime of violence, but affirming conviction on other counts arising from two armored car armed … More March 22, 2023, opinions

January 18-19, 2023, opinions

January 20, 2023

Designated for publication Southwick, J. (Southwick, Haynes, Higginson), securities law Reversing dismissal of securities claims (specifically, violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934) by pension plan investor against amusement park corporation based on alleged material misrepresentations and omissions regarding development of amusement parks in China, and remanding for further … More January 18-19, 2023, opinions