Guidelines Enhancements Need Not Be Charged in the Indictment; §2K2.1 Stolen-Firearm Enhancement Is Strict-Liability; Within-Guidelines Sentence Affirmed (Sixth Circuit) I. Introduction In United...
Issue Exhaustion as a Mandatory Claim-Processing Rule and the “No Nexus at All” Bar for Private-Crime Asylum/Withholding Claims I. Introduction In Catarina Josefina Hernandez-Calel v. Pamela Bondi...
Interlocutory Qualified-Immunity Appeals Require Fact Concessions or Unambiguous Video; Otherwise the Sixth Circuit Lacks § 1291 Jurisdiction (and Pendent State-Law Review Falls Too) Introduction...
Summons Misnomer Does Not Rewrite Party Identity: Counties Remain Non-Immune When Only the County Is Sued in Michigan Tax-Foreclosure Takings Litigation Introduction Judy Flumerfelt; Frances...
Vertical Glock-Switch Trafficking: Relevant-Conduct Aggregation and “Reason to Believe” for §2K2.1(b)(6)(B) I. Introduction In United States v. Denico Hudson (6th Cir. Mar. 10, 2026) (unpublished),...
Probable Cause to Search a Vehicle Exists When a Suspect Is Found at His Car and the Gun Evidence Is Missing Elsewhere—No “Last Resort” Requirement Under the Automobile Exception Case: United States...
Regulated Parties May Intervene of Right by Advancing Statutory Arguments the Agency Cannot: Rebutting Adequate-Representation Presumptions in APA Defense of a CWA TMDL I. Introduction In Lucas Cnty....
Regulated Entities Rebut Adequate-Representation Presumption by Raising Statutory Arguments the Agency Won’t Make Case: Lucas Cnty. Bd. of Comm'rs v. EPA Court: Court of Appeals for the Sixth Circuit...
Kentucky Belated-Appeal Exception Keeps State Collateral Review “Pending” for AEDPA Tolling Introduction In Ricky Welch v. Laura Plappert (6th Cir. Mar. 9, 2026), the Sixth Circuit reversed a...
Sixth Circuit Rejects Cemex Bargaining Orders as Improper Adjudicative Rulemaking Case: Brown-Forman Corp. v. NLRB (6th Cir. Mar. 6, 2026) | Core holding: The NLRB may not treat Cemex Construction...
Sixth Circuit: NLRB Cannot Create a Default Bargaining-Order Regime (Cemex) Through Adjudication Untethered to Case-Specific Remedial Need 1. Introduction Case: Brown-Forman Corp. v. NLRB (6th Cir....
Section 1257(a) Bars Only De Facto Appeals: Rooker-Feldman Does Not Extinguish Jurisdiction Over Independent Misconduct Claims Arising From State Receiverships I. Introduction In HPIL Holding, Inc....
Deadly Force Is an “Obvious” Fourth Amendment Violation When Used (Without Warning) Solely to Stop Likely Misdemeanor Celebratory Gunfire 1. Introduction In Marquetta Williams v. City of Canton, Ohio...
Private Union-Facebook Grievances About a Classroom Incident Are Not “Public Concern” Speech; ELCRA Disparate-Treatment Claims Require Comparator-Based Inference of Discrimination I. Introduction In...
Inferring Non-Indigency for JVTA Assessments and Limited Explanation for Mandatory-Minimum Supervised Release — United States v. Harrison (6th Cir. Mar. 6, 2026) 1. Introduction In United States v....
Nexus-to-Protected-Ground Must Be Evidenced (Not Assumed): Gang Recruitment Threats, Humanitarian Asylum’s Past-Persecution Prerequisite, and Strict Issue Exhaustion in the Sixth Circuit 1....
AEDPA Deference Survives Loper Bright: “Double Deference” Governs Strickland Claims in § 2254 Habeas Review 1. Introduction In Scott DeBruyn v. Adam Douglas (6th Cir. Mar. 5, 2026), the Sixth Circuit...
United States v. Day: Neighbor Wi‑Fi Evidence Can Supply the “Nexus” for Probable Cause to Search a Suspect’s Home in Online Child-Pornography Cases Introduction In United States v. Emory Day (6th...
Arrest-Warrant Home Entry: “Reason to Believe” the Suspect Is Inside May Rest on Probation Address Information, Sounds of Occupancy, Prior Avoidance, and Unemployment Timing I. Introduction United...
Sixth Circuit Reinforces Strong Deference to Below-Guidelines Sentences and Limits “National Average” Disparity Challenges 1. Introduction In United States v. Derek Hahn (6th Cir. Mar. 5, 2026)...