Iowa Code § 598.41(1)(b) Domestic-Abuse Presumption Applies to Joint Legal Custody, Not Physical Care Introduction Case: Javonte Devar Hines Miller v. Ashlea Kay Teter (captioned in the opinion as...
Error Preserved When Weight-of-the-Evidence Issue Is Acknowledged and Denied; No Postruling Motion Required to Challenge Use of Wrong New-Trial Standard Introduction State of Iowa v. Gregory Antwone...
Texas GVR Remand Requires Merits Review of Second Amendment and Texas Arms Clause Challenges to Lifetime Firearm Bans in Chapter 7B Protective Orders Introduction In Jonathan Timothy Noyes v. The...
Texas Supreme Court Signals Broader Use of “GVR” Remands Under TRAP 60.2(f) After Intervening Second Amendment Decisions Case: Jonathan Timothy Noyes v. The State of Texas for the Protection of...
Texas Jurisdiction Reaffirmed: In Personam Enforcement of Obligations Concerning Out-of-State Land; “Gist” Rule Disapproved Case: Braxton Minerals III, LLC v. Robert Scott Bauer and Braxton Minerals...
Qualified Immunity in Suicidal-and-Armed Welfare Checks Requires Closely Analogous Precedent; Unbriefed Monell Grounds Are Forfeited I. Introduction Johnson v. Salter (5th Cir. May 15, 2026) arises...
Texas Aggravated Robbery with a Deadly Weapon Qualifies as an INA “Theft Offense” Aggravated Felony for § 1326(b)(2) Sentencing, Even Amid Divisibility Disputes Case: United States v. Flores-Soto...
Texas Aggravated Robbery as an “Aggravated Felony” Theft Offense Under 8 U.S.C. § 1101(a)(43)(G) for § 1326(b)(2) Sentencing (Plain-Error Review) 1. Introduction In United States v. Soto...
Moreau v. White: Hague Return Orders Cannot Command Foreign Courts, and Judicial Estoppel Is Not an Extra-Treaty Bar to Mandatory Return I. Introduction Parties: Sarah S.C. Moreau...
Moreau v. White: No Extra‑Treaty Judicial Estoppel in Hague Returns; No Federal “Command” to Foreign Custody Courts Court: United States Court of Appeals for the Fifth Circuit Date: May 15, 2026...
United States v. Kuyoro: Limiting Indictment Dismissals for Mid‑Trial Discovery Lapses—No Brady “Suppression” Without Prejudice, Rule 16 Sanctions Must Follow Garrett, and Supervisory-Power Dismissal...
FAA-Regulatory Noncompliance as Evidence of a Montreal Convention “Accident”; Internal Policy Deviations and Imperfect Medical Response Usually Insufficient Introduction In Arzu v. American Airlines...
Wet-Concrete Cleaning Hazards and Slip-and-Fall Causation: “Open and Obvious” and Expert-Testimony Limits in Fourth Circuit Diversity Cases Introduction In Jonathan Lewis v. Circle K Stores Inc. (4th...
Fourth Amendment as the Exclusive Measure of “Process Due” for Evidentiary Seizure-and-Retention in Criminal Investigations (Including Third-Party Lienholders) I. Introduction In American Acceptance...
Geographically Underinclusive “Green Power” Advertising Bans Fail Central Hudson; Post‑Litigation Interests Rejected and Superseded Disclosures Rendered Moot Introduction In Retail Energy Advancement...
No “De Facto Upward Variance” in § 3582(c)(2) Denials; Legree Presumption Applies Even When the Amended Range Falls Below the Existing Sentence Introduction In United States v. Tyrone Davis (4th Cir....
Mandatory Criminal Forfeiture Under 28 U.S.C. § 2461(c) Cannot Be Withheld Due to Restitution or Equitable “Double Payment” Concerns I. Introduction In United States v. Rami Mahmod Mhana (4th Cir....
Post-Plea Jail-Contraband Conduct Justifies Denial of Acceptance of Responsibility; Directing a Courier Supports § 3B1.1(c) Supervision 1. Introduction In United States v. Marcus Longus (4th Cir. May...
NAGPRA Repatriation Extends to Buried Remains Intentionally Held in Federal Cemeteries as a “Holding or Collection” Introduction Winnebago Tribe of Nebraska v. United States Department of the Army is...
Harmless-Error Treatment of Erlinger “Different Occasions” Violations After Guilty Pleas Under the ACCA (Fourth Circuit) Introduction In United States v. Lawrence Anderson (4th Cir. May 12, 2026)...