August 15, 2022, opinions

(While I was on vacation/college-touring around the Northeast, then dealing with the Covid gathered from somewhere in the Northeast, I tracked 5th Circuit opinions for purposes of the gathering of opinion statistics from July 20 through August 12, but those opinions are not summarized here. So, picking back up with August 15 …) Designated for … More August 15, 2022, opinions

June 20-28, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Whole Woman’s Health v. Young, 18-50730, appeal from W.D. Tex. per curiam (Barksdale, Stewart, Costa), abortion law Vacating injunction of Texas law regarding disposal of embryonic and fetal tissue after … More June 20-28, 2022, opinions

April 28, 2022, opinions

Designated for publication Wilson v. Stroman, 20-50367, c/w Lewis v. Stroman, 20-50372, c/w Mitchell v. Stroman, 20-50380, c/w Miller v. Stroman, 20-50408, c/w Harper v. Stroman, 20-50453, appeal from W.D. Tex. Higginson, J. (Richman, Clement, Higginson), Fourth Amendment, false arrest Reversing dismissal of Fourth Amendment false arrest claims on application of the independent intermediary doctrine, … More April 28, 2022, opinions

March 19-31, 2022, opinions

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished … More March 19-31, 2022, opinions

February 2, 2022, opinions

Designated for publication U.S. v. Swenson, 20-20509, appeal from S.D. Tex. King, J. (King, Costa, Willett), criminal, sentencing, restitution, sufficiency of evidence Affirming conviction of mail fraud, sentence, and restitution award. The Court held that there was sufficient evidence to support the conviction on count of mail fraud (the jury had found defendant not guilty … More February 2, 2022, opinions

January 4, 2022, opinions

Designated for publication Aviles-Tavera v. Garland, 20-60587, petition for review of BIA order Higginbotham, J. (Higginbotham, Stewart, Wilson), immigration Denying Mexican citizen’s petition for review of BIA determination that he is statutorily ineligible for withholding of removal and not entitled to protection under the Convention Against Torture. In a prior removal proceeding, the IJ determined … More January 4, 2022, opinions

December 9, 2021, opinions

Designated for publication Cleven v. Mid-America Apartment Communities, Inc., No. 18-50846, c/w Brown v. Mid-America Apartment Communities, Inc., No. 18-50851, appeal from W.D. Tex. Owen, C.J. (Owen, Smith, Dennis), Dennis, J., dissenting; class action, breach of contract On a Rule 23(f) appeal, reversing district court’s certification of classes in two actions against apartment company arising … More December 9, 2021, opinions

November 16, 2021, opinions

Unpublished VanBuren v. Spoon, 20-30662, appeal from W.D. La. per curiam (Davis, Jones, Elrod), § 1983, timeliness Dismissing appeal from dismissal of § 1983 claims, on basis that constructive notice of appeal was untimely. U.S. v. Escobedo, 20-40565, appeal from S.D. Tex. per curiam (Barksdale, Costa, Engelhardt), criminal, supervised release Affirming revocation of supervised release … More November 16, 2021, opinions