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
Designated for publication Higginson, J. (Richman, King, Higginson), criminal, sentencing, Speedy Trial Act Affirming convictions and 540-month sentence for armed robberies of cell phone stores. The Court held that there was no Speedy Trial Act violation where the defendant’s counsel sought a continuance on the indictment past the Act’s 30-day deadline, holding that the Government … More May 11-16, 2023, opinions
Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, sufficiency of evidence, jury instructions, 404(b), Confrontation Clause Affirming convictions of kidnapping and other counts arising from drug trafficking conspiracy, rejecting arguments regarding the kidnapping jury instruction, sufficiency of the evidence, admission of 404(b) evidence, and violation of the Confrontation Clause. Dennis, J. (Davis, Dennis, Higginson), … More April 3, 2023, opinions
Designated for publication Elrod, J. (Dennis, Elrod, Duncan), Title IX Affirming summary judgment dismissal of deliberate indifference claims against school district as to risk of 14-year-old plaintiff’s violent sexual assault in high school stairwell (requiring multiple surgeries to remedy), but reversing summary judgment dismissal of claims of deliberate indifference to totality of harassment, which included … More November 14, 2022, opinions
(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 Costa, J. (Davis, Costa, Oldham), Oldham, J., dissenting; Clean Air Act, standing Affirming Clean Air Act penalties, as well as standing of plaintiffs … More August 26-31, 2022, opinions
Designated for publication U.S. v. Bates, 19-10813, appeal from N.D. Tex. per curiam (King, Graves, Willett), criminal, sentencing, Armed Career Criminals Act On remand from the U.S. Supreme Court, vacating and remanding for resentencing. The Court held that, under Borden v. United States, 141 S. Ct. 1817 (2021), the Texas crime of assault of a … More February 4-7, 2022, opinions
Designated for publication U.S. v. Trujillo, 20-10679, appeal from N.D. Tex. Ho, J. (King, Dennis, Ho), criminal, sentencing Reforming judgment to reflect the conviction for illegal reentry after removal should be pursuant to 18 U.S.C. § 1326(b)(1) for illegal reentry after a conviction for a felony other than an aggravated felony, rather than under 18 … More July 9, 2021 opinions
Unpublished Marediya v. Garland, 19-60741, petition for review of BIA order per curiam (Higginbotham, Jones, Costa), immigration Denying in part and dismissing in part Indian citizens’ petition for review of BIA order dismissing appeal of IJ’s denial of asylum, withholding of removal, and protection under the Convention Against Torture, and adverse credibility finding. De Bastos … More Take the Fifth: April 15, 2021 opinions
Designated for publication Ovalles v. Rosen, 17-60438, petition for review of BIA order Jones, J. (Jones, Smith, Elrod), immigration, equitable tolling On remand from the Supreme Court, denying petition for review of BIA order denying motion to reopen and failing to apply equitable tolling. The Court had originally dismissed the petition for review for lack … More Take the Fifth: Jan. 1 – 11, 2021 opinions
Designated for publication McMillan v. Amazon.com, Inc., 20-20108, appeal from S.D. Tex. Willett, J. (Wiener, Costa, Willett), products liability, certification Certifying question to the Texas Supreme Court whether an e-tailer such as Amazon is a “seller” liable under Texas’s products liability statute for products sold on its website by third-party vendors. The district court had … More Take the Fifth: Dec. 18, 2020 opinions
