§ 751(a) Escape: Knowledge of Unauthorized Departure Suffices; “Willfulness” Not Required (and Not Plainly Required on Unpreserved Review) Publication status: The decision is labeled “NOT FOR...
Rule 41(g) Venue Is Mandatory in the District of Seizure; No Sua Sponte Transfer Required 1. Introduction In United States v. James Sabatino (11th Cir. June 1, 2026) (per curiam) (not for...
Last Chance Agreements and Retaliation: Conditioning Continued Employment on Dropping an EEOC Charge Does Not Show Pretext When Termination Is for Post-Agreement Misconduct 1. Introduction In Jessica...
Nonprofit Bail Funds Have Article III Standing but Lack Third-Party Standing to Litigate Excessive-Bail Claims Where Indigent Detainees Have “Open Avenues” to Sue Introduction Case: Tallahassee Bail...
Juvenile Confession Voluntariness Under a Totality Test: No Per Se Involuntariness From an Isolated Death-Penalty Reference or Lack of Parental Presence I. Introduction State of Tennessee v. Antonio...
PSC’s Broad Reopening Power Under W. Va. Code § 24-2-2(a) and “Gray & Overlapping” Service Rights for Undeveloped Development Sites I. Introduction In Beckley Water Company v. Public Service...
Waiver of Unpreserved Challenges to Improvement-Period Restrictions; Credibility Deference Supports Termination Despite Partial Compliance 1. Introduction In re: A.L.-1, J.L., K.L., and W.L. is an...
Contract-First Waiver Analysis for Arbitration Rights: Conduct Cannot Be Judged in Isolation from the Arbitration Clause Case: Credit Acceptance Corporation v. Kenneth E. Stanley and Kerry J. Stanley...
Filing Suit Waives Arbitration—And Course of Conduct Can Waive Even an Anti-Waiver Clause Case: Credit Acceptance Corporation v. Kenneth E. Stanley and Kerry J. Stanley (Justice Wooton, dissenting)...
In re E.G.S.: Trial-Judge Primacy Over Expert Opinions in Juvenile Competency and Discretionary Application of § 11-37.1-4(j) in Sex-Offender Registration I. Introduction In In re E.G.S. (R.I. June...
Reinitiation and Valid Waiver After Invoking Counsel: “Can I talk to you?” as a Knowing and Intelligent Waiver Case: State v. Nelson Carreiro (R.I. Sup. Ct. June 1, 2026) Posture: Appeal from...
Conflicting Provocation-Manslaughter Instructions and Verdict Forms Constitute Fundamental, Prejudicial Error I. Introduction In STATE OF ARIZONA v. RICKY ALONZO HIPPENSTEEL (Ariz. June 1, 2026), the...
Hartman v. Pocatello Hospital: Mandatory Disclosure of Non‑Testifying Local Standard‑of‑Care Consultants and “General Risk” Foreseeability for Proximate Cause 1. Introduction In Hartman v. Pocatello...
Nonretroactive Sentencing Amendments Are Not “Extraordinary and Compelling” Reasons for Compassionate Release Case: Rutherford v. United States (consolidated with Johnnie Markel Carter v. United...
Rule 588 Retention of Seized Property: Post-Irland Limits and the Need for an Evidentiary Record to Deny Return 1. Introduction In re: Alisha Shepard Smith; Appeal of: Alisha Shepard Smith (Pa. May...
Entrapment Instructions Are Count- and Time-Specific: No Inducement Once Defendant Knowingly “Takes the Informant’s Money” Case: United States v. Gary Warick (6th Cir. May 28, 2026) (not recommended...
Credible Testimony Is Not Enough: Corroboration May Be Required, and Cross-Examination Can Supply the “Opportunity to Explain” Case: Odinaka Ethelberth Nwosu v. Todd W. Blanche, Acting U.S. Attorney...
§ 4261 “Ticket Tax” Covers Flight-by-Flight Usage Charges, Not Fixed Fractional-Jet Management Fees (and Requires “Precise and Not Speculative” Notice to Third-Party Collectors) Case: Flight Options,...
“Knowingly” in Vehicular Felonious Assault Turns on Awareness of Probable Harm—And Police Cruisers with Flashing Lights Can Supply the “Lawful Order or Direction” for Failure-to-Comply 1....
App.R. 26(B) Reopened Appeals Do Not Trigger R.C. 2953.21’s “Direct Appeal Transcript” Deadline for Postconviction Petitions Case: State v. Fraley, Slip Opinion No. 2026-Ohio-1964 (Ohio May 29, 2026)...