Generic Rule 11 Appeal-Rights Advisement Does Not Undo a Written Appeal Waiver; Paroline Restitution Inquiry Need Not Be Algorithmic I. Introduction In United States v. Quintanilla (5th Cir. July 7,...
Standing Preserved When Relief Removes an Allegedly Unconstitutional Barrier, Even If Government May Later Invoke Other Reasons I. Introduction South Carolina State Conference of the NAACP v. Ellen...
Fourth Amendment Rule: Police “Block-In” Parking Tactics Create a Seizure; Vague Anonymous 911 Drug Tips Plus “High-Crime Area” Do Not Supply Reasonable Suspicion 1. Introduction United States v....
Fourth Circuit: Clearly Established Right to Religiously Required Diet During Ramadan; Free Exercise Claims Require Turner Analysis (Not RLUIPA’s “Substantial Burden” Framing) Case: Stephen Roberts...
DOH Survey Falsifications: Materiality Under 18 U.S.C. § 1035 Need Not Be Tied to an Actual Payment Decision; CMS-Delegate Surveys Qualify as “Federal Matters” Under § 1519; Restitution May Reflect...
Rule 60(b)(4) Void-Judgment Motions Must Be Filed Within a Reasonable Time—Unjustified Delay Bars Jurisdictional Attacks on Default Judgments Introduction In Flaherty v. Amigos Del Mar LTD. (1st Cir....
Indemnification Risk Does Not Justify Enjoining State In Personam Suits Under the Anti-Injunction Act’s “In Aid of Jurisdiction” Exception 1. Introduction Out v. Calamari (captioned in the opinion as...
Inconclusive Postconviction DNA Results Do Not Establish Newly Discovered Evidence, and Florida Recognizes No Freestanding Actual Innocence Claim I. Introduction Case: James Aren Duckett v. State of...
Principle-Based Historical Analogues Permit Targeted Bans on Particularly Dangerous Weapons (AR-15s and 30-Round Magazines) Under Bruen I. Introduction These consolidated appeals arise from...
Rule 8 “Fair Notice” for First Amendment Belief-Retaliation Claims in Public Employment (Spengler v. CESA 7) I. Introduction Becky Spengler v. Cooperative Educational Service Agency 7 (CESA 7) arose...
Standing Requires a Project-Specific Geographic Nexus and Causation in Offshore Environmental Challenges Case: Center for Biological Diversity v. TRA Court: United States Court of Appeals for the...
FTCA Course-and-Scope: Union “Official Time” Duties and Special-Mission Travel Can Create a Jury Question Under Texas Law 1. Introduction In Barrier v. United States (5th Cir. July 7, 2026),...
United States v. Theiler: No Immediate-Disclosure Right for Unanswered Jury Notes; Non-Allen “Keep Deliberating” Response; Circumstantial Proof of AKS-Conspiracy Knowledge I. Introduction Case:...
Procedural Bars Prevail: Untimely/Number-Barred Reopening and Forfeited NTA Defect Challenges in Removal Proceedings 1. Introduction Lourdes Verenice Hernandez Sorto v. Attorney General United States...
Third Circuit: § 1035 Materiality Does Not Require a Medicare/Medicaid-Payment-Specific Instruction; State Survey Submissions Can Support § 1519 and Restitution Based on Avoided Admissions Bans Case:...
Defamation Liability for “Misquote/Scientific Invalidity” Accusations and Retaliation Protection for Opposing Allegedly Unlawful Race Preferences in Academic Medicine Norman Wang v. University of...
Statute of Limitations Accrues on Nonpayment of Retirement Benefits Under a Nonmerged PSA; Court May Order a “Second” QDRO to Effectuate (Not Reform) the Agreement 1. Introduction In Michele B....
State v. Porter (R.I. 2026): Trial Judges Must Make On-the-Record Findings at All Three Batson Steps; Omission of Step Three Requires Automatic Reversal Introduction State v. Leron Porter (Supreme...
Recent Severe Hallucinogen Intoxication Can Render a Miranda Waiver Unknowing and Unintelligent; Admission of a Highly Prejudicial “Intent” Statement Is Not Harmless in a Specific-Intent CSC-Intent...
OCS “Reasonable Efforts” and Language Barriers: No Interpreter Required Absent Notice or Demonstrated Communication Failure I. Introduction In Hamza B. (Father) v. State of Alaska, Department of...