Voluntary Disclosure Participation Does Not Excuse § 7202 Trust-Fund Tax Nonpayment; Indictment May Go to Jury with Limiting Instruction 1. Introduction In United States v. Richard Brasser...
Voluntary Disclosure Participation Does Not Excuse Post-Disclosure Trust-Fund Tax Nonpayment Under 26 U.S.C. § 7202 I. Introduction In United States v. Gregory Gentner (consolidated with United...
REDA “Protected Activity” Requires More Than Internal Overtime Suggestions; Egregious Policy Breakdowns Support Immediate Termination Absent Title VII Pretext Muminatou Bah v. Sampson Bladen Oil...
U.S.S.G. § 2K2.1(c)(1) Requires Explicit Findings Linking the Firearm of Conviction to the “Other Offense” Case: United States v. Jonathan Revels (No. 23-4688) Court: U.S. Court of Appeals for the...
Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits 1. Introduction In...
Constructive Possession Proven by Coordinated Flight, Bag-Handling, and DNA Evidence; Co-Defendant Disparity Claims Fail Where Defendants Are Not Similarly Situated 1. Introduction In United States...
Constructive Possession May Be Proved by Flight, Coordinated Concealment, Video Identification, and DNA—And § 3553(a)(6) Does Not Require Co‑Defendant Parity 1. Introduction United States v. Kenan...
Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential) I. Introduction In United States v. Kenan...
Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness...
COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period 1. Introduction SLT Imports, Inc. (a New...
Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right Case: Karen Brookins v. City of Philadelphia (3d Cir. May 29, 2026)...
Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims Introduction...
Third Circuit Confirms Appellate Jurisdiction to Review Withholding-Only and CAT Denials After Riley (and Treats § 1252(b)(1) as Waivable) Case: Patria Laureano v. Attorney General United States of...
COVID-Era Courtroom Access: Overflow-Room Viewing Is a Sixth Amendment Closure Requiring Waller Findings, Yet Unobjected Violations May Be Left Unremedied on Plain-Error Review I. Introduction United...
USSG § 2T1.6 Tax-Loss Rule: Excluding Employer-Portion FICA from “Tax Not Collected or Accounted For and Paid Over” Introduction In United States v. Donna Fecondo (3d Cir. May 26, 2026)...
Freight Brokers as Non-Statutory Employers: No Vicarious Liability (and Narrow Negligence Theories) Absent Carrier Responsibility or Master–Servant Control 1. Introduction Case: Robert Allen v....
§ 2254 Habeas Is Unavailable to Contest Oklahoma Survivors’ Act (§ 1090.5) Resentencing-Request Denials as Post-Conviction Procedure Errors 1. Introduction In Parker v. Tensley (10th Cir. May 29,...
Furtive Movements + Recent POWPO Arrest + High-Crime Area Justify a Vehicle Protective Sweep and Support Automobile-Exception Probable Cause I. Introduction In People v. Baker, 589 P.3d 912 (Colo....
Anonymous Safe2Tell Tips Can Justify a Student Backpack Search When Fresh and Independently Corroborated I. Introduction In The PEOPLE of the State of Colorado, IN the INTEREST OF T.J.W.,...
SCR 20:3.4(b) Applied: No Contingent or Untethered Payments to Fact Witnesses; “Reasonable Lawyer” Vagueness Standard; No Good-Faith Exception 1. Introduction Office of Lawyer Regulation v. Gary W....