Tag: sufficiency of evidence

July 1-7, 2026, opinions

July 9, 2026

Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions

June 11, 2026, opinions

June 12, 2026

Designated for publication Duncan, J. (King, Duncan, Engelhardt) (oral argument before original panel decision), nondelegation doctrine, appointments clause, due process, standing On remand from the U.S. Supreme Court, for reconsideration of the panel’s original July 5, 2024, decision in light of FCC v. Consumers’ Research, reissuing the original panel decision, with a new section explaining how FCC does … More June 11, 2026, opinions

June 10, 2026, opinions

June 11, 2026

Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), Title VII, Age Discrimination in Employment Act, employment discrimination Affirming dismissal of employment discrimination claims. At issue on appeal was whether a pro se plaintiff’s Title VII and ADEA claims against True Coverage were properly dismissed for failure to exhaust administrative remedies (no EEOC charge … More June 10, 2026, opinions

June 8, 2026, opinions

June 9, 2026

Designated for publication Duncan, J. (King, Higginson, Duncan) (no oral argument), tax law Affirming tax court’s judgment upholding imposition of estate-tax liability and assessment of 20% negligence penalty. As Anne Milner Fields’s health rapidly declined in 2016 due to end-stage Alzheimer’s, her great-nephew and agent Bryan Milner transferred approximately $17 million of her assets into … More June 8, 2026, opinions

June 2, 2026, opinions

June 3, 2026

Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions

June 1, 2026, opinions

June 2, 2026

Designated for publication per curiam (en banc: Elrod, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Douglas, Ramirez, JJ., voting against rehearing; Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for rehearing) (oral argument at panel stage); election law, standing, sovereign immunity, en banc Denying rehearing en banc of December 31, 2025, panel opinion (Richman, … More June 1, 2026, opinions

May 29, 2026, opinions

June 1, 2026

per curiam (Graves, Ho, Douglas) (no oral argument), Ho, J., concurring; First Amendment Published order granting stay pending appeal of injunction against enforcement of Texas S.B. 13, which prohibits Texas public entities from investing in private funds that refuse to invest in energy companies. The American Sustainable Business Council sued Texas Comptroller Glenn Hegar and … More May 29, 2026, opinions

May 26, 2026, opinions

May 27, 2026

Designated for publication Smith, J. (Higginbotham, Smith, Oldham) (oral argument), criminal, sentencing, guilty plea Dismissing appeal of supervised release conditions in sentence, on basis that appeal was barred by appeal-waiver in plea agreement. Jamie Hackney pleaded guilty to production and transportation of child pornography. Per his plea agreement, he waived his right to appeal his … More May 26, 2026, opinions

May 22, 2026, opinions

May 25, 2026

Published decisions per curiam (Davis, Engelhardt, Oldham) (oral argument on original panel decision), federal officer jurisdiction On remand from U.S. Supreme Court on issue of federal officer removal, which had vacated the Fifth Circuit’s affirmance of the district courts’ remands to state courts, in turn remanding to district courts with instructions to proceed “consistent with … More May 22, 2026, opinions

May 20, 2026, opinions

May 21, 2026

Designated for publication per curiam (Haynes, Ho, Oldham) (no oral argument), Ho, J., concurring; Oldham, J., concurring; criminal, Second Amendment Affirming conviction of possession of a firearm by a felon. Peter Villa Cordova pled guilty to possessing a firearm after a felony conviction in violation of 18 U.S.C. § 922(g)(1). His prior felony convictions include … More May 20, 2026, opinions