Post-Accident Consumption to Obscure a DUI Investigation as “Prejudicial to the Administration of Justice” Supporting Attorney Discipline 1. Introduction In STATE OF OKLAHOMA ex rel. OBA v. NEWMAN,...
Reinstatement Without Re-Examination: Active Out-of-State Practice Can Rebut Rule 11.5(c)’s Five-Year Presumption I. Introduction In the Matter of the Reinstatement of Brian Keith Melton, 2026 OK 33...
Back Pay May Be Awarded for a Title VII Hostile Work Environment Without a Discharge Verdict, and Fee Awards Need Not Be Reduced When the Trial Recovery Exceeds a Rejected Settlement Offer Case: Rose...
Sixth Circuit: Back Pay May Follow a Title VII Hostile Work Environment Verdict Without a Discharge Finding When the Evidence Shows the Harassment Caused the Work Loss I. Introduction In Rose Griffin...
Qualified Immunity Requires Highly Specific “Clearly Established” Law for Brief Firearm-Pointing and Split-Second Vehicle Threat Shootings 1. Introduction In Joseph Frasure v. City of Wyoming, Ohio...
Within-Guidelines Drug Sentences: Criminal History (Including Old Convictions and Supervision Revocations) May Receive Substantial § 3553(a) Weight Without Becoming an Impermissible “Resentencing” 1....
Reapplying for the Same Denied Vanity Plate Does Not Restart § 1983’s Limitations Clock (Sixth Circuit) Introduction In Jeffrey Wonser v. Charles L. Norman, Andy Wilson; Thomas J. Stickrath, the...
Sixth Amendment Does Not Require Plea Counsel to Warn Naturalized Citizens of Civil Denaturalization Risk Introduction In United States v. Karnail Singh (6th Cir. May 5, 2026), the Sixth Circuit...
State v. Faison: Immunity Orders Must Identify and Apply a Specific OCGA § 16-3-20 Justification Ground Introduction In State v. Faison (Supreme Court of Georgia, May 5, 2026), the State appealed an...
Hills v. State (Ga. 2026): No Voluntary Manslaughter Charge Without “Slight Evidence” of Passion-Provocation; Failure to Renew Jury-Charge Objection Triggers Plain-Error Review 1. Introduction In...
Payne v. State: Verifying AI-Generated Legal Citations—Sanctions, Suspension, and Vacatur for Fictitious or Misattributed Authority 1. Introduction In Payne v. State (Supreme Court of Georgia, May 5,...
Curative Instructions Can Remedy “Fact-at-Issue” Judicial Comments Under OCGA § 17-8-57 (Post-2015), and Mistrial Denials Must Be Renewed to Preserve Appellate Review 1. Introduction In Jackson v....
Slight Evidence Supports a Conspiracy Jury Charge Even When Conspiracy Is Not Indicted 1. Introduction In Merritt v. State (Supreme Court of Georgia, May 5, 2026), Tyler Merritt appealed his...
Bryant v. State (Supreme Court of Georgia, May 5, 2026): Aggravated Assault of the Homicide Victim Must Merge into Malice Murder Absent an Independent Assault, with Appellate Limits Reaffirmed for...
Rare-Ammunition Link as Intrinsic Evidence (Not Rule 404(b)) and Sentencing Sheets Need Not Track “Dummy” Indictment Renumbering 1. Introduction BENNETT v. THE STATE (two consolidated appeals, with...
Rider v. OXY USA: Ascertainability in the Tenth Circuit Requires Clear, Objective Class Definitions—not “Administrative Feasibility” or Classwide Standing Proof 1. Introduction In Rider v. OXY USA,...
Rule 404(b) Allows Prior Surreptitious “Peeping” Videos to Prove Identity by Voice Comparison and to Rebut “Accidental Recording” Claims Case: United States v. Bycroft (No. 24-7069) — Court: U.S....
McGirt-Based Jurisdictional Defects Cannot Be Collaterally Litigated at Federal Sentencing Absent a Complete Denial of Counsel I. Introduction In United States v. Campbell (10th Cir. May 5, 2026),...
Avant v. Doke: Appellate Waiver and Forfeiture Strictly Enforced—Inadequate Opening Briefing and Failure to Oppose a Dispositive Defense Require Affirmance 1. Introduction In Avant v. Doke (10th Cir....
“Operate Its Business” Means What It Says: Pandemic Shutdown Orders Can Trigger a Lease “Taking” Even Where Some Use Continues 1. Introduction Delshah 60 Ninth, LLC v. Free People of PA LLC (2d Cir....