Tag: sufficiency of evidence

October 11-17, 2022, opinions

October 18, 2022

Designated for publication Wilson, J. (Dennis, Southwick, Wilson), Dennis, J., dissenting in part; criminal, sufficiency of evidence, restitution, competence, severance, search and seizure, Brady violation Affirming in part, vacating in part, and remanding for further proceedings on convictions and sentences arising from RICO conspiracy, drug trafficking, firearms, and murder charges related to violent gang activity. … More October 11-17, 2022, opinions

October 10, 2022, opinions

October 11, 2022

Unpublished per curiam (Jones, Southwick, Ho), criminal, Batson challenge, sufficiency of evidence Affirming three defendants’ convictions on conspiracy, drug, and firearm charges. per curiam (Jones, Southwick, Ho), immigration Denying Mexican citizen’s petition for review of BIA order denying motions to reconsider and reopen. per curiam (Smith, Dennis, Southwick), immigration Denying in part and dismissing in … More October 10, 2022, opinions

October 4-5, 2022, opinions

October 6, 2022

Designated for publication per curiam (Clement, Duncan, Wilson), prisoner suit, First Amendment Affirming summary judgment dismissal of Texas state prisoner’s § 1983 claims that confiscation of religious materials violated his First Amendment rights. The Court held that TDJC policies regarding storage of personal property and the confiscation of any personal property not stored properly according … More October 4-5, 2022, opinions

September 30, 2022, opinions

October 3, 2022

Designated for publication Smith, J. (Smith, Duncan, Oldham), Oldham, J., dissenting; immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ order that IJ lacked jurisdiction to decide application for cancelation of a reinstatement of removal under the Violence Against Women Act. The Court held that, under the rule of orderliness, … More September 30, 2022, opinions

September 29, 2022, opinions

September 30, 2022

Designated for publication Smith, J. (Jolly, Smith, Engelhardt), Jolly, J., dissenting in part; First Amendment Reversing summary judgment in favor of plaintiffs challenging Texas Justice of the Peace Wayne Mack’s opening of court with a ceremony that includes a prayer, and rendering judgment in favor of Mack. The Court held this was “a zero-pence case,” … More September 29, 2022, opinions

September 21, 2022, opinions

September 22, 2022

Designated for publication Southwick, J. (Jones, Southwick, Oldham), immigration Dismissing in part and denying in part Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denials of his claims for asylum, withholding of removal, and protection under the Convention Against Torture. The Court held that several of the petitioner’s claims of procedural … More September 21, 2022, opinions

September 6, 2022, opinions

September 7, 2022

Designated for publication Engelhardt, J. (King, Duncan, Engelhardt), criminal, Sixth Amendment, speedy trial, COVID-19, sufficiency of evidence Affirming conviction of five counts from a 2011 indictment charging defendant and co-conspirators with “offenses arising from a well-orchestrated scheme to circumvent American export controls designed to prevent dual use commodities—goods with both civilian and military applications—from falling … More September 6, 2022, opinions

September 2, 2022, opinions

September 5, 2022

Designated for publication per curiam (King, Duncan, Engelhardt), immigration Granting Salvadoran citizens’ petition for review of BIA order denying their motion to reopen removal proceedings and apply for cancellation of removal, and remanding to BIA for further proceedings. The Court held that the failure of the government to provide the date and place of the … More September 2, 2022, opinions