State v. McGirt: Totality-of-the-Circumstances Proof of a “Clear and Unequivocal” Pro Se Election and Fenner’s “Life-Equivalent” Sentencing-Colloquy Rule Supreme Court of North Carolina (14 Aug....
Third-Party Settlement Offsets Under Utah Code § 34A-2-106 Require Proof of Overlap With Compensable Injury (and ALJs Have Broad Discretion Over Medical-Panel Framing and Reopening Evidence) I....
Post-Dismissal Allowance of § 503(b) Fees in Unconfirmed Chapter 13 Cases Under § 1326(a)(2) Case: Gregory Brian Myers v. Undine C. George Court: U.S. Court of Appeals for the Eleventh Circuit...
Unclassified Title, For-Cause Protection: Clear Charter Rights Trigger Pretermination Due Process Absent a “Clear and Unmistakable” Waiver Case: Michael Washington v. City of Cincinnati Court: U.S....
Sixth Circuit: Tasing a Submissive, Non-Resisting Person Is Excessive Force; Right Clearly Established by July 2020 1. Introduction In Cornelius Phelps v. City of Saginaw, Michigan (6th Cir. Aug. 13,...
Harboring “Intent to Safeguard” Under 8 U.S.C. § 1324 May Be Inferred from Coercive Isolation and Exploitative Domestic Labor; Cultural Norms Need Not Mitigate Sentence I. Introduction United States...
Pre-Enforcement Standing Requires a Credible, Plaintiff-Specific Threat: “Intellectual Diversity” Laws and Interim University Policies 1. Introduction David McDonald v. Trustees of Indiana University...
Somerville v. State: No Plain Error for Implied Confrontation-Clause Testimony and “Slip-of-the-Tongue” Jury Instructions Cured by the Written Charge 1. Introduction In Somerville v. State (Supreme...
Edwards v. State (Ga. 2026): Ineffective-Assistance Claims Are Barred on Appeal When Not Raised (and Explicitly Disclaimed) at the Motion-for-New-Trial Stage Introduction In Edwards v. State, the...
Rule 403 Admissibility of Social-Media Gun Imagery to Prove Access to Distinctive Weapon Features (Laser/Sight) and Strickland No-Prejudice for Omitted Identification Charges 1. Introduction In...
Mootness Risk Is Only a Factor in Rule 54(b) Certification; Monell Liability Requires Specific, Similar Patterns and Causation 1. Introduction Aaron Davis v. Tyler W.A. Duncan (6th Cir. Aug. 13,...
Unpaid Domestic Servitude as “Harboring for Private Financial Gain”: Intent to Shield Inferred from Coercive Control, and Credibility Attacks Rarely Defeat Sufficiency 1. Introduction United States...
Post-Release “Registration” Orders Are Unauthorized Absent a Term of Supervised Release United States v. Jerid Hinz (7th Cir. Aug. 13, 2026) 1. Introduction In United States v. Jerid Hinz, the...
Gray-Market Prescription Drugs: “Material Differences” and Quality-Control Bypass Render Foreign-Labeled Medicines Non-Genuine Under the Lanham Act; Contributory Liability Requires Knowledge (Not...
Sixth Circuit: No § 2255 Evidentiary Hearing Where the Record Forecloses Prejudice from Alleged Misadvice on a Physician’s Good-Faith Defense Under 21 U.S.C. § 841(a) I. Introduction In Afzal Beemath...
Defective Trustee Substitution Goes to Capacity—Not Article III Standing—and May Be Cured by Waiver/Ratification 1. Introduction In UMB Bank, N.A. v. Bristol-Myers Squibb Company (2d Cir. Aug. 13,...
Fourth Circuit Reaffirms Plain-Error Review of Unpreserved Rule 11/32 Claims and Presumptive Reasonableness of Within-Guidelines Sentences in Anders Appeals 1. Introduction In United States v. John...
Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Could Have) Case: In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) (Not Precedential)...
State v. Sliger: “Foreign Substances” in Breath Testing Means Substances Capable of Affecting Reliability; Expert Testimony May Be Required in Debatable Cases 1. Introduction Case: State v. Sliger,...
§ 1473.7(a)(1) Relief: “Error” Is Measured by the Defendant’s Subjective Understanding Under the Totality of Circumstances—A § 1016.5 Advisement (Even Signed and Initialed) Is Not Dispositive Case:...