Rule 32.2(b)(4)(B) Is a Time-Related Directive: Late-Imposed Forfeiture Is Reviewed for Harmless Error (and Usually Won’t Be Vacated Absent Prejudice) Case: United States v. Jeremy Wayne Harrell (No....
Post-Ruan CSA Prosecutions: Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid, and Masked Witness Testimony Is Not Plain Error Absent Prejudice Case: United States v. Bernard...
Smucker v. ACE: Under Ohio’s “Cause” Test, a Product-Contamination Event Is One Occurrence; Ambiguous Lot Endorsements Do Not Multiply Retained Limits Case: The J.M. Smucker Company v. Ace American...
Police Liability for Self-Help Residential Evictions Based on Estate Papers Without Court Process: Active Participation Constitutes an Unreasonable Fourth Amendment Seizure 1. Introduction Mary Ann...
Potential-Claim Notice Must Be Given During the Policy Period, Not the Extended Reporting Period, to Preserve Coverage Under a Claims-Made Legal-Malpractice Policy (Sixth Circuit, Michigan Law) 1....
Objective “Obvious Symptoms” Requirement for Jail-Overdose Medical Claims and “Unfettered Access” Standard for Drug-Based Failure-to-Protect Introduction In Michael Cole v. Ashtabula County, Ohio...
Sixth Circuit: Remedy for Counsel’s Failure to File a Requested Notice of Appeal Is a Delayed Appeal (Reentered Judgment), Not De Novo Resentencing Case: United States v. Joshua Saunders (No....
Past Sex-Offense Convictions as a Material Factor in the Totality-of-the-Circumstances Probable-Cause Analysis I. Introduction In United States v. Austin Eugene Lineback (6th Cir. June 26, 2026), the...
McDonnell Douglas Is Not a Pleading Requirement for FHA/ECOA Claims in the Sixth Circuit Case: Leon Washington v. First Nat'l Bank of Penn. (No. 25-3673) — Sixth Circuit (June 26, 2026) 1....
Probable Cause Required for First Amendment Retaliation Claims Based on Quo Warranto Petitions I. Introduction In Jenna Amacher v. City of Tullahoma, Tennessee (6th Cir. June 25, 2026), the Sixth...
Actual Proof Required for Lozada Ineffective-Assistance Motions; BIA May Deny DHS Reopen-and-Dismiss Requests Without Supported Changed Circumstances I. Introduction In Sam Morris v. Todd W. Blanche,...
Sixth Circuit: (1) No Review of the Ultimate Discretionary Denial of LPR Cancellation, (2) Strict Lozada Proof of Actual Filing/Notice, and (3) BIA Discretion to Reject Unsupported DHS...
Sixth Circuit: Youth and Rehabilitation Are Not “Extraordinary and Compelling” Grounds for Compassionate Release, and Sentencing Commission Policy Statements Cannot Override Circuit Statutory...
No Plain-Error Right to Specific Unanimity on the Timing of § 924(c) Possession “In Furtherance,” and Fleeting Gang References Rarely Justify a Mistrial Introduction In United States v. Chicoby...
Rule 11(c)(1) Plea-Participation Violations After a Jury Trial: Lafler-Style Prejudice and Harmlessness Where Acceptance-of-Responsibility Would Not Change the Sentence I. Introduction United States...
Sixth Circuit: No Plain-Error Requirement for Date/Time Unanimity in § 924(c) “In Furtherance” Possession; Fleeting Gang References and Cumulative-Impeachment Exclusions Treated as Harmless...
Fleeting Gang References and Timing Disagreement Do Not Require Mistrial or Specific Unanimity in § 924(c) Cases Absent Binding Authority I. Introduction In United States v. Jerlen Horton,...
Title III Limits: Self-Created Statewide Voter Databases Are Not Records that “Come Into” an Election Official’s Possession; DOJ Demands Must State Both Basis and Purpose 1. Introduction United...
Specific-Evidence Purity Extrapolation Supports “Actual” Meth Findings; Unpreserved Variance-Explanation Claims Reviewed for Plain Error I. Introduction In United States v. Ulrick Uncel Brown (6th...
“Gender” Pleading Suffices for ELCRA Pregnancy Discrimination (Pre-2023), and a Dean’s Maternity-Leave-Linked Merit-Raise Rationale Supports an ELCRA Verdict I. Introduction Case: Peng Guo v. Mich....