Seibert Does Not Clearly Establish a Right to Jury Instructions on Attenuation of Post‑Miranda Confessions (AEDPA §2254(d)(1)) I. Introduction McCarthy v. Hernandez, 608 U. S. ____ (2026) (per...
Qualified Immunity When a CBA Provides “Just Cause” but No Post-Termination Hearing: Loudermill Not Clearly Established in the CBA Context I. Introduction In Carter v. Beebe (10th Cir. June 22,...
Notarization Alone Is Not “Proper Filing”: Oklahoma APCR Must Contain a Sworn Truth-and-Correctness Affirmation to Toll AEDPA Case: Sitsler v. Harding (No. 25-5103) Court: United States Court of...
Protective-Order Redressability as a Standing Bar in Second Amendment Challenges; Bruen Alone Does Not Clearly Establish a Damages Right for Concealed-Permit Denials Case: Taker v. Blanche Court:...
Stays Denied Where a State Attorney General’s Out-of-State Enforcement Suit Appears Retaliatory and Bad-Faith: Younger’s Bad-Faith Exception and “Express Aiming” Jurisdiction 1. Introduction American...
CAT-Only Petitions Are Not Reviewable Absent a Petition Challenging a Final Removal Order (11th Cir.) Case: Winston Lloyd Hayles v. U.S. Attorney General Court: U.S. Court of Appeals for the Eleventh...
AEDPA Deference to State Barker Balancing: No Habeas Relief for 61‑Month Delay Where Defense Motions Drive Delay and Prejudice Is Unproven Case: Mohammad Sharifi v. Warden, Holman Correctional...
Qualified Immunity in Welfare-Check Shootings Involving an Armed, Noncompliant Suicidal Subject—and the Bar on Introducing New State-Law Theories at Summary Judgment Case: John Norman v. Joseph...
Article 13 “Age and Maturity” Defense: Particularized Child Objection, Reasons Immaterial, and “Undue Influence” as Part of the Factfinding 1. Introduction Bismark Boa-Bonsu v. Deborah Owusu (Sixth...
Ambiguous Post-Termination Trade-Name Clauses Defeat Rule 12 Dismissal of Trademark Claims Case: Ascent Classical Academies v. Ascent Classical Academy Charter Schools (with Lands’ End, Inc. as an...
“Death Results” in Federal Kidnapping Requires Only But‑For Causation, Not Proximate Cause Introduction In United States v. Parks (2d Cir. June 22, 2026), Edward Michael Parks appealed convictions...
FOIA Sanctions Must Not Force Overbroad Disclosure That Harms Innocent Third Parties; FOIA Release Injunctions Must Satisfy Rule 65(d) Case: Jacqueline Stevens v. UNITED STATES IMMIGRATION AND...
FOIA Sanctions Must Not Compel Overbroad Disclosure: Rule 65 Specificity and Protection of Innocent Third-Party Interests Introduction In Jacqueline Stevens v. ICE, the Seventh Circuit reviewed a...
Probable Cause for Device Searches in Sex-Trafficking Investigations Survives Initial Victim Denials; Experience-Based Trafficking Expert Testimony Admissible Under Daubert When Narrowly Cabined...
Experience-Based Sex-Trafficking Expert Testimony and Digital-Nexus Probable Cause: Narrow Tailoring Under Daubert, No Franks Hearing for Non-Material “Initial Denial” Omissions Case: United States...
Untimely Title VII EEO Claims Cannot Be Revived by Repackaging Them as a Hostile Work Environment Absent Sufficient Relation to Timely Acts Case: Wendy Mikell v. Postmaster General, U.S. Postal...
Reaffirming § 922(g)(1)’s Second Amendment Constitutionality and Clarifying “Apples-to-Apples” Proof for Sentencing Disparity Claims I. Introduction In United States v. Tocorey Jamel Gibbs (11th Cir....
Timely Prison-Mailbox Motions to Modify Filing Injunctions Must Be Decided on the Merits (Not Recast as Rule 59(e) Reconsideration) Case: Waseem Daker v. Timothy Ward, No. 24-13121 (11th Cir. June...
Unpreserved ACCA “Separate Occasions” Jury-Right Claims After Erlinger Are Reviewed for Plain Error, and Relief Requires Showing a Reasonable Probability of Fewer Than Three Occasions I. Introduction...
Licensed-But-Misclassified Contractors: Alabama Declines to Void Contracts Absent True Nonlicensure and Reaffirms “Substantial Compliance” I. Introduction In Construction Services, LLC v....