Sixth Circuit Affirms “Plus Means Plus”: § 4B1.5(b)(1) May Stack on Chapter Two Pattern Enhancements, and Tapia Has No “Reverse” Limit on Sentence Length 1. Introduction In United States v. Dustin...
United States v. Odom: Preserving Sentencing Challenges—Clarity Requirements for Career-Offender Policy Arguments and the Limits of Plain-Error Review 1. Introduction In United States v. LaVaughn...
Post-Esteras Revocation Sentencing: “Retribution” Remains Off-Limits, but Courts May Treat Serious Violation Conduct as a Breach of Trust Introduction In United States v. Demetrius Burt Catching (6th...
Conclusory “Physically Accosted” Allegations Fail to Plead Fourth Amendment Excessive Force; Video May Defeat Implausible Claims Only When It Blatantly Contradicts the Pleading I. Introduction In...
Severing Content-Based “Public Service” Exemptions While Preserving Content-Neutral Billboard Bans Under Ohio’s Geiger Test I. Introduction Case: Norton Outdoor Advertising, Inc. v. Village of St....
Post–Loper Bright Validation of AEDPA Deference in Strickland Habeas Review (and No Per Se Duty to Retain Defense Experts) Case: Scott DeBruyn v. Adam Douglas Court: United States Court of Appeals...
Post-Esteras Revocation Sentencing: “Unmistakable Reliance” on Retribution Required to Show Error, and Consecutive Revocation Sentences Need No Separate § 3553(a) Re-Analysis I. Introduction United...
Post–Loper Bright Enterprises v. Raimondo Reaffirmation of AEDPA § 2254(d) Constitutionality and Deferential Review of State Insanity-Instruction and Strickland v. Washington Rulings Case: David Lee...
FMLA Retaliation Pretext Requires a Decisionmaker Link and Meaningful Comparator Evidence Introduction In Abiodun Adefurin v. Meharry Medical College (6th Cir. Mar. 3, 2026) (unpublished), Dr....
Material Omissions, Implausible Repetition, and Missing Corroboration Sustain Adverse Credibility; Discrimination of Black Fulanis in Mauritania Does Not Establish a “Pattern or Practice” of...
Seibert Suppression Generally Requires a Pre-Warning Confession; Miranda-Related Admission Errors Are Harmless If Guilt Evidence Is Overwhelming; Miranda Does Not Taint Later Consent to Search...
Circumstantial “Red Flags” and Willful Blindness After Ruan: Proving a Doctor’s Subjective Knowledge of Unauthorized Prescribing Introduction In United States v. Lawrence Mark Sherman (6th Cir. Feb....
§ 2422(b) Requires Knowledge of Minor Status for SORNA Tiering, and Misstating the Supervised-Release Guidelines Range Is Procedural Error (Sixth Circuit) Introduction United States v. Rihanna Buddi...
EAJA “Substantial Justification” Can Be Shown by Genuine, Widespread Judicial Disagreement Over a Novel Statutory Question 1. Introduction Gun Owners of Am., Inc. v. Pamela Bondi (Sixth Circuit, Mar....
Obscured Bodycam Footage and Pain-Compliance on Handcuffed Detainees: Fact Disputes Bar Qualified Immunity Case: Ryan Franke v. Kenny Janes, individually Court: United States Court of Appeals for the...
Novel State Constitutional Claims Require Restraint: Declining Supplemental Jurisdiction After Federal Claims Fall 1. Introduction In Scott Williams v. Addison Cmty. Schs., the Sixth Circuit...
Within-Guidelines Sentences Remain Presumptively Reasonable Even After “Triple Credit” for Mitigating Role and Cooperation 1. Introduction In United States v. Raul Robledo (6th Cir. Mar. 2, 2026),...
Mere Monetization Is Not “Commercial Value”: Pleading Standards for Ohio Right-of-Publicity Claims 1. Introduction In Patricia LaFleur v. Yardi Systems, Inc. (6th Cir. Feb. 27, 2026), Ohio homeowners...
Objective “Red Flags” and Willful Blindness Can Establish Subjective Mens Rea in Post-Ruan Controlled-Substance Prescribing Cases Case: United States v. Lawrence Mark Sherman Court: U.S. Court of...
EFAA “Case” Rule in the Sixth Circuit: A Plausible Sexual-Harassment Claim Voids Predispute Arbitration for the Entire Action I. Introduction Randi Marie Bruce v. Adams and Reese, LLP (Sixth Circuit,...