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  • Commentaries
  • Judgments

2d Circuit Case Commentaries

Retroactive Application of Megan’s Law as Non-Punitive Regulation: Ex Post Facto and Due Process Limits

Retroactive Application of Megan’s Law as Non-Punitive Regulation: Ex Post Facto and Due Process Limits

Date: Apr 4, 2025
Retroactive Application of Megan’s Law as Non-Punitive Regulation: Ex Post Facto and Due Process Limits Introduction Brown v. Mellekas, decided April 3, 2025 by the United States Court of Appeals for...
Affirmation of Reasonable Contraband Watch Practices under the Eighth Amendment

Affirmation of Reasonable Contraband Watch Practices under the Eighth Amendment

Date: Apr 4, 2025
Affirmation of Reasonable Contraband Watch Practices under the Eighth Amendment Introduction Johnson v. Chappius, No. 24-1225 (2d Cir. Apr. 3, 2025), arises from an inmate’s challenge to an extended...
Brown v. Mellekas: Retroactive Sex-Offender Registration Is Regulatory, Not Punitive

Brown v. Mellekas: Retroactive Sex-Offender Registration Is Regulatory, Not Punitive

Date: Apr 4, 2025
Brown v. Mellekas: Retroactive Sex-Offender Registration Is Regulatory, Not Punitive Introduction In Brown v. Mellekas, 2d Cir. No. 24-970-cv (Apr. 3, 2025), the United States Court of Appeals for...
Strickland’s Prejudice Mandate at Sentencing: Cronic’s Presumption of Prejudice Confined to Extreme Cases

Strickland’s Prejudice Mandate at Sentencing: Cronic’s Presumption of Prejudice Confined to Extreme Cases

Date: Apr 4, 2025
Strickland’s Prejudice Mandate at Sentencing: Cronic’s Presumption of Prejudice Confined to Extreme Cases Introduction Baker v. Conway is a summary order from the United States Court of Appeals for...
Strickland at Sentencing: Counsel’s Duty to Prepare and the Narrow Scope of Cronic’s Presumed Prejudice

Strickland at Sentencing: Counsel’s Duty to Prepare and the Narrow Scope of Cronic’s Presumed Prejudice

Date: Apr 4, 2025
Strickland at Sentencing: Counsel’s Duty to Prepare and the Narrow Scope of Cronic’s Presumed Prejudice Introduction This commentary examines the Second Circuit’s April 3, 2025 summary order in Baker...
Affirmation of Non-Punitive Retroactive Sex Offender Registration for Alford Pleas

Affirmation of Non-Punitive Retroactive Sex Offender Registration for Alford Pleas

Date: Apr 4, 2025
Affirmation of Non-Punitive Retroactive Sex Offender Registration for Alford Pleas Introduction Brown v. Mellekas, 24-970-cv (2d Cir. Apr. 3, 2025) is an appeal from the District of Connecticut’s...
Counsel Performance at Sentencing: Preparation, Strategy, and the Limits of Presumed Prejudice

Counsel Performance at Sentencing: Preparation, Strategy, and the Limits of Presumed Prejudice

Date: Apr 4, 2025
Counsel Performance at Sentencing: Preparation, Strategy, and the Limits of Presumed Prejudice Introduction Baker v. Conway (2d Cir., April 3, 2025) arises from Sean Baker’s challenge to his New York...
Retroactive Application of Connecticut Megan’s Law Is Non-Punitive and Does Not Violate Ex Post Facto or Due Process – Brown v. Mellekas

Retroactive Application of Connecticut Megan’s Law Is Non-Punitive and Does Not Violate Ex Post Facto or Due Process – Brown v. Mellekas

Date: Apr 4, 2025
Retroactive Application of Connecticut Megan’s Law Is Non-Punitive and Does Not Violate Ex Post Facto or Due Process Introduction Brown v. Mellekas, decided April 3, 2025, by the United States Court...
Deficient Sentencing Advocacy and the Prejudice Requirement: Clarifying Strickland and Cronic in Baker v. Conway

Deficient Sentencing Advocacy and the Prejudice Requirement: Clarifying Strickland and Cronic in Baker v. Conway

Date: Apr 4, 2025
Deficient Sentencing Advocacy and the Prejudice Requirement: Clarifying Strickland and Cronic in Baker v. Conway Introduction Baker v. Conway is a 2025 decision of the United States Court of Appeals...
Radiographic Evidence and Contraband Watch: Constitutional Boundaries in Johnson v. Chappius

Radiographic Evidence and Contraband Watch: Constitutional Boundaries in Johnson v. Chappius

Date: Apr 4, 2025
Radiographic Evidence and Contraband Watch: Constitutional Boundaries in Johnson v. Chappius Introduction The Second Circuit’s summary order in Johnson v. Chappius addresses key constitutional limits...
Retroactive Application of Non-Punitive Sex Offender Registration to Alford Pleas Does Not Violate Ex Post Facto or Due Process: Brown v. Mellekas

Retroactive Application of Non-Punitive Sex Offender Registration to Alford Pleas Does Not Violate Ex Post Facto or Due Process: Brown v. Mellekas

Date: Apr 4, 2025
Retroactive Application of Non-Punitive Sex Offender Registration to Alford Pleas Does Not Violate Ex Post Facto or Due Process: Brown v. Mellekas 1. Introduction Brown v. Mellekas is a summary order...
Direct-Admission Retaliation Standard Under § 1981: El Chaar v. NYU College of Dentistry

Direct-Admission Retaliation Standard Under § 1981: El Chaar v. NYU College of Dentistry

Date: Apr 3, 2025
Direct-Admission Retaliation Standard Under § 1981: El Chaar v. NYU College of Dentistry Introduction In El Chaar v. New York University College of Dentistry (2d Cir. 2025), Dr. Edgard El Chaar, a...
Reaffirming the Prejudice Burden in AEDPA Habeas Claims for Ineffective Assistance of Counsel

Reaffirming the Prejudice Burden in AEDPA Habeas Claims for Ineffective Assistance of Counsel

Date: Apr 3, 2025
Reaffirming the Prejudice Burden in AEDPA Habeas Claims for Ineffective Assistance of Counsel Introduction Caballero v. Miller, 24-2602-pr (2d Cir. Apr. 2, 2025), addresses the stringent standards...
Accrual of Discrimination Claims Upon Communicated Termination Decisions Unaffected by Appeals: Ikedilo v. Statter

Accrual of Discrimination Claims Upon Communicated Termination Decisions Unaffected by Appeals: Ikedilo v. Statter

Date: Apr 3, 2025
Accrual of Discrimination Claims Upon Communicated Termination Decisions Unaffected by Appeals: Ikedilo v. Statter Introduction In Ikedilo v. Statter, the Second Circuit considered an appeal by Dr....
Accrual of Discrimination Claims and Accommodation Obligations in Residency Programs: Ikedilo v. Statter

Accrual of Discrimination Claims and Accommodation Obligations in Residency Programs: Ikedilo v. Statter

Date: Apr 3, 2025
Accrual of Discrimination Claims and Accommodation Obligations in Residency Programs: Ikedilo v. Statter Introduction In Ikedilo v. Statter, 23-7947 (2nd Cir. Apr. 2, 2025), the United States Court...
Caballero v. Miller: Setting the Prejudice Threshold for Ineffective-Assistance Claims Under AEDPA

Caballero v. Miller: Setting the Prejudice Threshold for Ineffective-Assistance Claims Under AEDPA

Date: Apr 3, 2025
Caballero v. Miller: Setting the Prejudice Threshold for Ineffective-Assistance Claims Under AEDPA Introduction Caballero v. Miller, 24-2602-pr (2d Cir. Apr. 2, 2025), addresses the intersection of...
Clarifying Accrual of Employment Discrimination Claims and Reasonable Accommodation Standards in Medical Residency: Ikedilo v. Statter

Clarifying Accrual of Employment Discrimination Claims and Reasonable Accommodation Standards in Medical Residency: Ikedilo v. Statter

Date: Apr 3, 2025
Clarifying Accrual of Employment Discrimination Claims and Reasonable Accommodation Standards in Medical Residency: Ikedilo v. Statter Introduction In Ikedilo v. Statter, et al., No. 23-7947 (2d Cir....
The Unreasonableness Standard under AEDPA and Strickland: Federal Deference to State Court Findings on Ineffective Assistance of Counsel

The Unreasonableness Standard under AEDPA and Strickland: Federal Deference to State Court Findings on Ineffective Assistance of Counsel

Date: Apr 3, 2025
The Unreasonableness Standard under AEDPA and Strickland: Federal Deference to State Court Findings on Ineffective Assistance of Counsel Introduction This case arises from Andrew Caballero’s habeas...
Direct Evidence of Retaliation Under Section 1981: Bypassing Burden-Shifting Requirements

Direct Evidence of Retaliation Under Section 1981: Bypassing Burden-Shifting Requirements

Date: Apr 3, 2025
Direct Evidence of Retaliation Under Section 1981: Bypassing Burden-Shifting Requirements Introduction El Chaar v. NYU College of Dentistry is a 2025 decision of the U.S. Court of Appeals for the...
Caballero v. Miller: Reaffirmation of AEDPA Deference and Strickland Prejudice Requirement in Habeas Corpus Review

Caballero v. Miller: Reaffirmation of AEDPA Deference and Strickland Prejudice Requirement in Habeas Corpus Review

Date: Apr 3, 2025
Caballero v. Miller: Reaffirmation of AEDPA Deference and Strickland Prejudice Requirement in Habeas Corpus Review Introduction The Second Circuit’s summary order in Caballero v. Miller (No....
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