Coordinated Firearm Sales Create Jointly Undertaken Relevant Conduct for U.S.S.G. § 2K2.1 Enhancements I. Introduction In United States v. Jackson (10th Cir. June 16, 2026), Darrius Deangelo Jackson...
Heck Bars § 1983/Bivens Damages Claims That Would Undermine an Uninvalidated Federal Conviction, and Frivolous Prisoner Appeals Deny IFP and Add a PLRA Strike Case: Hamett v. City of Broken Arrow...
RCRA § 6961(a) Does Not Adopt State Exclusive Judicial-Review Schemes: Federal Agencies Retain § 1345 Jurisdiction Case: United States v. New Mexico Environment Department, No. 22-2132 (10th Cir....
Probable Cause for Freenet Warrants via Request-Pattern Analysis; Yates Inapplicable to Factually Inadequate “Lasciviousness” Theories I. Introduction In United States v. Baxter (1st Cir. 2026),...
Mitigating Role Requires Identifying All Discernable Participants in Relevant Conduct (Not Just the Apprehended Crew) Case: United States v. da Conceição-Level (1st Cir. June 16, 2026) Court: United...
Belated § 3731 Certification May Be Cured by Ratification and Attorney General Certification Without Defeating Appellate Jurisdiction 1. Introduction In United States v. Robinson (2d Cir. June 16,...
FDCPA § 3004(b)(2) Creates a Mandatory Debtor-Requested Transfer and Its Denial Requires Vacatur (No Harmless-Error Review) Case: United States v. Liounis (2d Cir. June 15, 2026) | Court: Court of...
Proportionality Limits on Sweeping Prison-Video Discovery and the Bad-Faith Threshold for Spoliation Sanctions (Seventh Circuit) Case: Littleton Jackson v. David Yang, et al. (No. 25-1973) Court:...
CAFA Jurisdiction Tracks the Operative Amended Complaint: Dropping (and Repleading) Class Allegations Can Remove (and Restore) Federal Jurisdiction I. Introduction Thor Zurbriggen, et al. v. Twin...
Probable Cause to Impound a Vehicle “Used During the Commission” Includes Transportation to the Offense Location I. Introduction In Raymond Echevarria v. Darrin Jackson (7th Cir. June 16, 2026),...
Objective Cognitive Testing and Recordwide Review Can Outweigh a Treating Psychiatrist’s Subjective-Based Opinion; Unraised Theories Are Waived on Appeal Introduction In Jill Staniszewski v. Frank...
Non-Compelled Supervised Visitation for Traumatized Children Is Not Improper Delegation; Extracurricular Costs Must Be Reasonably Scoped and Properly Allocated 1. Introduction Marriage of Bull (Mont....
Reasonable, Viewpoint-Neutral No-Recording Policies in Government Service Offices Survive First Amendment Challenge in Limited/Nonpublic Forums I. Introduction Lana Patrick v. Pasco County Florida...
Coram Nobis Is Unavailable to Re-Litigate a Mens Rea Indictment Challenge Already “Passed Upon” in Prior § 2255 Proceedings, Even After Counterman Case: Mr. Mark Richard Hillstrom v. United States...
Execution Sales Must Maximize Competition: All-or-Nothing Bid Floors and Information Asymmetry Require Setting Aside Judicial Auctions I. Introduction Case: JPMorgan Chase Bank, N.A. v. Larry Winget...
Gaming Act Licensing and Slot-Tax Limits: Title 4 Authorizes Only Board-Licensed Slot Operations; Illicit Machines Are Governed by 18 Pa.C.S. § 5513 1. Introduction This consolidated Pennsylvania...
Rease v. State: Unobjected Prosecutorial Opening/Closing Argument Is Waived (No Plain-Error Review) and DNA Frequency Testimony Is Proper When Tied to the Evidence Profile 1. Introduction In Rease v....
Conclusory “Substantial Identity” Allegations Do Not Cure Failure to Name the Correct EEOC Respondent; Leave to Amend Requires a Specific Proposed Cure I. Introduction In Borsody v. Frontier Heritage...
Intent-to-Reoffend Statements and Intertwined Violence Evidence Are Admissible; Continuance Denials Require Specific Prejudice; Unstated Guidelines Range Is Harmless Absent a Different Outcome...
Extraordinary Medical Condition Is Not Dispositive: Sixth Circuit Affirms Denial of Compassionate Release When § 3553(a) Factors Still Justify the Original Term I. Introduction In United States v....