No Plea-Agreement Breach When the Government Concedes a Guidelines Error but Continues to Recommend the Bargained-for Sentence Introduction In United States v. Robert Messersmith (6th Cir. Jan. 13,...
AEDPA Deference Allows a Narrow Reading of Boykin’s “Affirmative Showing” and Permits Nexus-Based Discounting (Not Exclusion) of Capital Mitigation 1. Introduction In Donald Herb Johnson v. Laura...
Automatic Speedy Trial Act Tolling for “Any” Pretrial Motion—including Status-Conference Motions—and Deferential Review of Mid‑Trial Self‑Representation Requests I. Introduction United States v....
Rudra: Broad Application of Child-Exploitation Guideline Enhancements and Obstruction for Deleting Cloud Chats After Police Retain a Device Case: United States v. Soumya Rudra (6th Cir. Jan. 9, 2026)...
Sofidel America v. OSHRC: Chenery-Constrained Review Requires a Clearly Defined “Hazardous Condition” and Substantial-Evidence Proof of Employer Knowledge for LOTO Citations 1. Introduction Parties....
Failure to Object to a Magistrate Judge’s Report Waives Appellate Review; Qualified Immunity Applies Absent On‑Point Fourth Amendment Stalking-Probable-Cause Precedent I. Introduction Case: Deborah...
Upward Variances May Rest on Premeditation Inferences and Victim Psychological Harm (Without § 5K2.3 Departure Procedures) Introduction In United States v. Kendrick Holland (6th Cir. Jan. 8, 2026),...
Waiver and Plain-Error Limits on Remmer Jury-Intimidation Claims, Reaffirmation of the Sixth Circuit’s Actual-Bias Rule, and Alleyne Correction for § 924(c) “Discharge” Enhancements Introduction...
Waiver and Plain-Error Limits on Remmer Jury-Intimidation Claims; No Presumption of Prejudice in the Sixth Circuit I. Introduction United States v. Tomarcus Baskerville (with codefendants Courtland...
Erlinger Does Not Displace Almendarez-Torres: Judges May Apply § 2252A(b)(2)’s 10-Year Mandatory Minimum Based on the Fact of a Chapter 110 Prior Case: United States v. Jason Florence (6th Cir.)...
United States v. Goldy: “Official Act” Is a Legal Definition for the Court; § 666 Requires State-Level Funding Proof Without a Bribe-to-Federal-Funds Nexus Court: U.S. Court of Appeals for the Sixth...
Waiver and Plain-Error Limits on Remmer Challenges to Suspected Jury Intimidation (Sixth Circuit) 1. Introduction United States v. Courtland Springfield (consolidated with appeals by Tomarcus...
Soil Friends: Appellate Abandonment of “Clearly Established” Arguments Affirms Qualified Immunity and Allows Reliance on Plaintiffs’ Disavowal of Monell Liability Case: Soil Friends, LLC v. Charter...
Vague, Non-Physical Sexual Comments and Long-Running Complaints: Insufficient for “Severe or Pervasive” Harassment and for Retaliation Causation Without Additional Evidence Case: Lorna Vinsant v. WNB...
Holistic Nexus for Drug-Trafficking Warrants: GPS/Surveillance Patterns and Intermediary Controlled Buys Can Establish Probable Cause Case: United States v. Michael Smith, Jr. Court: U.S. Court of...
United States v. Sanford: Uncharged Child Sexual Abuse and Related Pornography Searches Are Admissible as Intrinsic/Rule 404(b)/Rule 414 Evidence in Child-Pornography Production Prosecutions...
Revocation After Esteras: Courts May Sanction “Breach of Trust” Without Invoking Retribution Introduction In United States v. Philroy Johnson (6th Cir. Jan. 7, 2026) (unpublished), the Sixth Circuit...
Discretionary Remand Denied After Post-Sentencing Vacatur Where the District Court Already Accounted for the Prior Conviction and Resentencing Would Be Futile Case: United States v. Kevin Loren...
Procedural Due Process Damages: Post-Deprivation Evidence May Prove Termination Was Inevitable, Limiting Recovery to Nominal Damages Introduction In Nationwide Recovery, Incorporated; Julia Hussein;...
Willful-and-Malicious Trade-Secret Misappropriation Supports Fee Awards Even With Zero Damages; Fee Appeal Cannot Revive Untimely Merits Appeal I. Introduction Equity Resources, Inc. v. T2 Financial,...