Deliberate-Ignorance Instruction Properly Given Where SBA Loan Fraud Evidence Shows Evasive Statements and “Sign, Sign, Sign” Avoidance of Loan Terms Introduction In United States v. Barrett Purvis...
Threat-Based “Forcible Assault,” Tractor-as-Weapon “Aggravated Assault,” But-For Race Selection Enhancement, and Keene-Based Sentencing Affirmance I. Introduction In United States v. William Charles...
Second Circuit Recognizes a First Amendment Right to Record Publicly Visible Police-Station Exteriors from a Public Sidewalk (Subject to Qualified Immunity for Pre-Decision Conduct) 1. Introduction...
Coram Nobis Harmless-Error Review: Kotteakos Governs (and Petitioner Bears the Burden) Case: Stinn v. United States of America, No. 25-293 (2d Cir. Aug. 17, 2026) Court: United States Court of...
Andrew v. Tinsley and the “Central Jury Issues” Limitation on Due-Process Challenges to Irrelevant, Prejudicial Evidence in Federal Habeas Review Case: Andrew v. Tinsley, No. 15-6190 (10th Cir.)...
Standing to Appeal Requires a Conviction: Post‑Verdict Dismissal of a Count Moots Challenges to Pretrial Denial of Dismissal 1. Introduction In United States v. Clements (10th Cir. Aug. 17, 2026),...
Outsider FCA Relators Must Plead Particularized Presentment and Rigorous Materiality—Regulatory “Gray Areas” and Agency Guidance Alone Do Not Suffice 1. Introduction In A. Samuel Enloe v. Heritage...
Early Voting Requires Election Judges: Minnesota Election-Day Judge Duties Apply Throughout the 18-Day Early Voting Period 1. Introduction In Minnesota Voters Alliance v. City of Minneapolis (Minn....
Plain-Text Removability Under 8 U.S.C. § 1227(a)(4)(A)(i) for Any Illegal Export Activity (Including 18 U.S.C. § 554 Firearms Smuggling), Rejecting Noscitur a Sociis Case: Olibris v. Blanche (5th...
Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony Case: United States v. Willie Hicks...
Rule 60(b)(6) Reopening of § 2255 Judgments Requires a Potentially Reviewable (Non–Time-Barred) Habeas Claim 1. Introduction In Roy West v. United States (Sixth Cir. Aug. 14, 2026), Roy Christopher...
State v. Sims (Kan. 2026): Noncompliance with a Supreme Court Remand-Filing Order Can Forfeit Review and Leave an Adverse Prejudice Finding Intact 1. Introduction State v. Sims, No. 114,959 (Kan....
Flores v. Perez: Qualified Immunity Denied Where a Misdemeanor Suspect Is Rapidly Taken Down and Subjected to Injurious On-Ground Force Amid Material Fact Disputes 1. Introduction In Flores v. Perez...
Rule 51 Specificity and Mitigation-of-Damages Instructions: When a Vague Objection Triggers Plain-Error Review Case: Folks v. Sainato Court: Court of Appeals for the Fifth Circuit Date: 2026-08-14...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship Transmission 1. Introduction In Guerra Quezada v. United States (consolidated with...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship by Descent Case: Guerra Vasquez v. United States (consolidated with No. 25-10372 /...
Indirect Employer-Paid “Consideration” Makes Workers “Passengers for Hire,” Triggering the Limitation Act’s Covered Small Passenger Vessel Exclusion 1. Introduction Hunter Marine Group v. Gonzalez...
Jurisdiction to Review IJ Late-Evidence/Continuance Rulings in CAT Cases Absent Statutory Discretion Introduction In Lopez-Barrera v. Blanche (5th Cir. Aug. 14, 2026), Jose Mauricio Lopez-Barrera, a...
Inherent-Power Sanctions in Bankruptcy: Clear-and-Convincing Bad Faith, Independent Appellate Sufficiency Review, and Causally Linked Fee-Shifting Despite Late Claim-Withdrawal Gamesmanship Case:...
Implicit Consideration Suffices for § 3583(d) Treatment Exception in Mandatory Supervised-Release Revocations I. Introduction In United States v. Morgan (5th Cir. Aug. 14, 2026), the Fifth Circuit...