Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations I. Introduction In Alta v. General...
Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling I. Introduction In United States v. Brad Acy Holley (4th...
“Manager or Supervisor” Under U.S.S.G. § 3B1.1(c) Means Oversight—And Application Note 4 Cannot Supply the Rule Absent Genuine Ambiguity Case: United States v. Timothy Riddy (3d Cir. July 1, 2026)...
No Separate 21 U.S.C. § 851(b) Hearing Required When the Defendant Is Advised and Admits the Prior Conviction at the Plea Proceeding (Anders Affirmance) 1. Introduction United States v. Naajeh Torres...
Section 851(b) Is Satisfied by an On-the-Record Admission at the Plea Hearing; No Separate Sentencing Hearing Is Required Absent a Request (in an Anders Appeal) Case: United States v. Naajeh Torres...
Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible Case: United States v. Noah Craddock (3d Cir. July 1, 2026) Court: U.S....
Whole-Record Review to Sustain a Faretta Waiver When Pro Se Is Sought for Delay or Sandbagging I. Introduction In United States v. Zachary Williams, the Third Circuit confronted a recurring tension...
Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit) 1. Introduction In United States v. Brandon Aumiller (3d Cir. July 1, 2026), the Third Circuit...
Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...
Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...
Tenth Circuit: Leave to Amend May Be Denied as Futile Where Proposed Pleading Remains Time-Barred, Rule 8 Deficient, or Legally Defective—Even After an Earlier Rule 8 Strike 1. Introduction In Moyer...
McCoy Structural Error Requires a Contemporaneous, Express Objection to Counsel’s Guilt Concession (and Mitigation-Concession Does Not Trigger Cronic) Case: United States v. Sago (10th Cir. July 1,...
Interstate-Wire Element in PPP Wire-Fraud Cases May Be Proven Through SBA Lender-Fee Payment Routing and Foreseeable “Forces Set in Motion” Case: United States v. Lacona (10th Cir. July 1, 2026)...
Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges 1. Introduction Miller v. State (Supreme Court of...
Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage 1. Introduction State v. Cullins (Supreme Court of Georgia, June 30, 2026)...
Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery Introduction In Smith v. State (Ga. June 30, 2026), the Supreme Court of Georgia affirmed...
Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice I. Introduction In Mosley v. State (Ga. June 30, 2026), Shawn...
Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant Court: Supreme Court of Georgia | Date:...
Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing 1. Introduction In Brown v. State, No. S26A0577 (Ga. June 30,...
Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations 1. Introduction In COLLINS v. THE STATE (Two...