Guidelines Calculation Plus Individualized Explanation Satisfies § 3553(a)(6) in Upward-Variance Sentencing (JSIN Data Not Required): United States v. Miranda-Espinoza 1. Introduction In United...
Vance v. Aldrich (10th Cir. 2026): Generally Applicable “Red-Flag” Non-Enforcement Policies Are Not Affirmative State-Created Danger; Colorado CPLA Exclusively Governs On-Premises Mass-Shooting...
Fabrication, Malicious Prosecution, and Brady Claims Fail Where Probable Cause Exists and “Suppressed” Facts Were Disclosed or Nonexistent I. Introduction In Kevin Lackey v. L.T. Hurley (6th Cir....
Amended Complaint Controls Federal-Officer Removal: Express Disclaimers Eliminating Federal-Contractor Theories Require Remand 1. Introduction Linda Horton, individually and as executrix of the...
Kentucky “Professional Services” Exclusion: Focus on the Act, Not Licensure—Regulated Behavioral Restraints Are Professional Services for Indemnity Case: Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
Act-Based “Professional Services” in Kentucky Insurance Law: Behavioral-Health Restraints (ESI) Trigger CGL Professional-Services Exclusion 1. Introduction Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
OCGA § 24-14-6 Is Inapplicable Where Any Direct Evidence Exists; No Ineffective Assistance for Declining Unmerited Juror-Striking or Voluntary Manslaughter Requests 1. Introduction In Grace v. State...
Kennedy v. State (Ga. 2026): Assumed Cell-Phone Warrant Particularity Error Deemed Harmless When Digital Evidence Is Cumulative and Proof of Guilt Is Strong 1. Introduction In Kennedy v. State, the...
Previously “Merged” (Concurrent) Sentences Cannot Be “Unmerged” by Later Silence in a Subsequent Judgment 1. Introduction Gillian v. Salmonsen (Mont. Sept. 8, 2026) is a Montana Supreme Court habeas...
Therapist-Informed Visitation Limits May Still Satisfy “Reasonable Efforts,” and Ineffective Assistance Requires a Showing of Prejudice in Montana YINC Terminations Introduction Matter of H.T., S.T.,...
Prior Drug-and-Gun Traffic Stops as Intrinsic Proof of a VICAR Enterprise’s Racketeering and Interstate-Commerce Nexus Case: United States v. Octavius Ferguson (consolidated appeals involving...
Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30 1. Introduction In SC Public Interest Foundation v. Oconee County...
Digital Location/Search Data Can Provide “Slight” Corroboration of an Accomplice, and Silence Constitutes Implied Consent to a Hung-Jury Mistrial Case: Ash v. State Court: Supreme Court of Georgia...
Blackmon v. State: No Strickland Relief Without a Clear Objection Basis or a Concrete Proffer of “Poisoning” Defense Evidence 1. Introduction In Blackmon v. State (Supreme Court of Georgia, Sept. 9,...
No Categorical “Police Power” Exemption from Georgia’s Just Compensation Clause 1. Introduction Blue 42 Organics, LLC v. Georgia Department of Public Safety (Supreme Court of Georgia, Sept. 9, 2026)...
Green v. State: Personal-Observation Video Testimony Is Not Hearsay; “Grave Suspicion” Charge Not Required Where Reasonable-Doubt Instructions Suffice 1. Introduction In Green v. State (Supreme Court...
Reciprocal Discipline in Georgia: Substantially Similar Suspension Required Unless GRPC 9.4(b)(3) Is Proven; Foreign “Disciplinary Authority” Rules Do Not Defeat Reciprocity 1. Introduction In the...
Refusal to Admit Wrongdoing Is Not an Aggravator; Knowing Client Neglect Across Multiple Matters Warrants a 12‑Month Suspension (Ga.) Case: In the Matter of Terri Sharonda Herron (Supreme Court of...
Unrecorded Oral Witness Statements Are Not Discoverable Under OCGA § 17-16-7; Deferential Review Governs Barker Remand Balancing and Gang-Act Sufficiency Case: Kitchens v. State, Supreme Court of...
Objective “Serious Provocation” Reaffirmed: No Voluntary Manslaughter Charge Where the Victim Withdraws and the Defendant Shoots Through a Closed Door; Domestic-Violence Expert Error Deemed Harmless...