Court Updates

The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. FIRST AMENDMENT: All State Bar speech supported by mandatory dues must be directly related to regulating the legal profession or improving the quality of legal services. Boudreaux v. La. State Bar

The following are summaries of selected civil opinions issued by the Third Court of Appeals during November and December 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 9, 2024.  FAMILY LAW: Court reverses modification order entered without evidence.  Abila v. Miller, No. 03-22-00452-CV(Tex. App.—Austin Dec. 21, 2023, no pet. h.).  In

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from July 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Jan. 3, 2024. JURISDICTION—APPEALABLE ORDERS BY THE STATE: Appellate court lacked jurisdiction to review trial court order granting in part defendant’s motion in limine.  State v. Nassour,

Jason LaFond is an Austin-based appellate litigator with significant experience before the Fifth Circuit. He is a Senior Counsel at Yetter Coleman, LLP. The following are summaries of opinions issued by the Fifth Circuit in October 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. TAX INJUNCTION ACT: Act did not preclude residents

The following are summaries of selected civil opinions issued by the Third Court of Appeals during October 2023. The summaries are an overview; please review the entire opinion. Subsequent histories are current as of Nov. 7, 2023. FAMILY LAW: Court affirms fraud-on-the-community judgment. Rue v. Rue, No. 03-22-00758-CV (Tex. App.—Austin Oct. 6, 2023, no pet. h.) (mem. op.). The trial

The following are summaries of selected criminal opinions issued by the Third Court of Appeals from June 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Nov. 1, 2023. POLICE INTERROGATIONS – TRANSLATION ISSUES: Trial court did not abuse its discretion by admitting police-interrogation video over defense objections regarding the accuracy and constitutional

The following are summaries of opinions issued by the Fifth Circuit in September 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. MAGISTRATE JUDGE REFERRALS: Undisclosed relationship between magistrate judge and plaintiff’s lead counsel may vitiate defendant’s consent to trial before the magistrate. IFG Port Holdings, LLC v. Lake Charles Harbor & Terminal

The following are summaries of selected civil opinions issued by the Third Court of Appeals during September 2023. The summaries are overviews; please review the entire opinions. Subsequent histories are current as of Oct. 9, 2023. FAMILY LAW: Court holds fit-parent presumption did not apply in challenged modification proceeding. Johnson v. Kimbrough, No. 03-22-00100-CV (Tex. App.—Austin Sept. 20, 2023, no

The following is a summary of a selected criminal opinion issued by the Third Court of Appeals from May 2023. The summary is an overview; please review the entire opinion. The subsequent history is current as of Oct. 1, 2023. PUNISHMENT ENHANCEMENTS – OUT-OF-STATE CONVICTIONS: Enhancement of defendant’s sentence using out-of-state conviction was legal. Smith v. State, No. 03-21-00368-CR (Tex. App.—Austin May

The following are summaries of opinions issued by the Fifth Circuit in August 2023. The summaries are overviews of particular aspects of the opinions; please review the entire opinions. ADMINISTRATIVE LAW: Petitioners did not need to be “aggrieved parties” to challenge grant of license as ultra vires; Nuclear Regulatory Commission lacked authority to license private storage of nuclear waste. Texas v.