Second Circuit: No “Emergency” Child Removal When There Is Time to Seek a Family-Court Order; Material Omissions in Petitions Defeat Probable Cause and Qualified Immunity Case: K.W. v. The City of...
Harmlessness of Pre-Ruan “Objective Good-Faith” Instructions in § 841 Prescriber Cases; Admissibility of State Medical Standards and Expert Norms Testimony I. Introduction United States v. Parasmo is...
Guilt-Phase Unanimous Felony Verdicts Satisfy Poole’s Jury-Finding Requirement for Florida Death Sentences I. Introduction In Darious Wilcox v. State of Florida (SC2023-1498) and the companion habeas...
Seventh Circuit: Generalized Country-Deterioration Evidence Is Not “Material” to Reopen; Pereira Does Not Equitably Toll Untimely Reopening; Sua Sponte Reopening Denials Remain Unreviewable Absent...
Deadly Force Permitted Against a Pinned but Still-Accelerating Vehicle; De Minimis Arrest Force, No Failure-to-Intervene Liability, and Georgia Sheriff Sovereign Immunity Case: Nicholas Bolton v....
Rule 41(a)(1)(B) Two-Dismissal Rule Applies Even When the First Dismissal Is by Agreement; Second Notice Dismissal Is With Prejudice and Bars Relitigation in the Same Court (Including After Transfer)...
Reed (Mont. 2026): Communication, Diligence, and Timely Withdrawal/File/Refund Duties Under the MRPC 1. Introduction Matter of Benjamin W. Reed, Attorney at Law (Supreme Court of Montana Cause No. PR...
Judicial Notice to Resolve Standing and Post-Judgment Hearing Suffices Under Rule 201(e); Fabricated Authorities Stricken for Lack of Candor 1. Introduction In Raquel Downing v. Dwayne Brown, Raquel...
No Separate Explanation Required for Reimposed Supervised Release When § 3553(a) Rationale Is Already Stated for Revocation Imprisonment Introduction In United States v. Ronald Leon Hall, Jr. (11th...
Eleventh Circuit Reaffirms: No Appellate Review of Discretionary Downward-Departure Denials and Deferential Substantive-Reasonableness Review Despite Mitigation Evidence 1. Introduction In United...
Keene Harmless-Error Sentencing: Affirmance Where the District Court Would Impose the Same Sentence and the Sentence Remains Substantively Reasonable I. Introduction In United States v. Malik...
Dismissal Without Prejudice as a Permissible Sanction for Incomplete Prisoner Litigation-History Disclosures on Court-Required Forms Case: Jay Alan Meeks v. Holmes Correctional Institution, et al.,...
§ 841(b)’s “Notwithstanding § 3583” Clause Defeats Statutory-Maximum Supervised-Release Objections; No Ineffective Assistance Absent a Clear Instruction to Appeal Case: Carl Kizziah v. United States...
Late-Notice Presumption Rebutted by Insurer’s Own Investigation Evidence Creates a Jury Question Under Florida Property Insurance Law Case: Baytree, Condominium, Section Eight, Inc. v. Clear Blue...
Illicit Marijuana Use and Lack of Candor by a Judge Warrant a 60-Day Unpaid Suspension Under Indiana Judicial Discipline Case: In the Matter of the Honorable John M. Plummer III, Judge of the...
PLRA Three-Strikes Clarified: Jurisdictional (Rooker-Feldman) and Rule 21 Misjoinder Dismissals Do Not Count as Failure-to-State-a-Claim Strikes Introduction In Larry Harrison v. FNU Douglas,...
Attempted Armed Bank Robbery Under 18 U.S.C. § 2113(d) Is Categorically a § 924(c) Crime of Violence I. Introduction In United States v. Monte Emmanuel Straite (4th Cir. May 18, 2026), the Fourth...
Standing Orders Cannot Replace Case-Specific Personal Jurisdiction and Joinder Analysis in “Schedule A” Online Marketplace IP Suits Case: Thomas Wood v. Eiazuiks, No. 25-2340 (3d Cir. May 19, 2026)...
Recent Vehicle Re-Registration to a Suspected Drug-Hub Address as a Contributing Factor to Reasonable Suspicion Extending a Traffic Stop I. Introduction In United States v. Jairo Benjamin...
Rhode Island “Each Person” Policy Limit Caps All Derivative Loss-of-Consortium/Wrongful-Death Damages When Only One Person Sustains Bodily Injury 1. Introduction In GEICO General Insurance Company v....