Qualified Immunity Where an Inmate Shows No External Distress: No Clearly Established Duty to Immediately Act on an Oral Chest-Pain Complaint 1. Introduction In Larry Richardson v. Nathan Falk (Sixth...
Rejected BIA eFilings Are Treated as Unfiled—and Thus Unreviewable on Petition for Review 1. Introduction In Arefin Chowdhury v. Attorney General United States of America (3d Cir. Aug. 6, 2026)...
Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim Introduction In Demond Liles v. V. Michael Fisher (Sixth Cir. Aug. 6, 2026), Demond D. Liles sought...
No §1983 “Color of Law” Without Manifestation of Office; Child-Safety Exigency Does Not Justify Forced Drug Testing Once Children Are Removed 1) Introduction Knighton v. Benton County (5th Cir. Aug....
Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver 1. Introduction In United States v. Evan Graves (11th Cir. Aug. 6, 2026) (unpublished), the...
Fifth-Amendment Unavailability as “Good Cause” and Video-Corroborated Reliability for Hearsay at Supervised-Release Revocation 1. Introduction In United States v. Delrico Clyburn (3d Cir. Aug. 6,...
Cash-Collateral Bar Dates and Confirmation Orders Preclude Post-Deadline Lien-Priority Challenges by Later Note Assignees Introduction Adler v. Energy Debt Holdings (5th Cir. Aug. 6, 2026) arises...
Negative Eyewitness Testimony and Rule 59 Deference: Upholding Defense Verdicts in Negligence Per Se Lane-Change Cases I. Introduction In Masek v. Peterson (10th Cir. Aug. 6, 2026), Ashton Masek, a...
Inadvertent Submission of a Demonstrative Exhibit to the Jury Does Not Warrant a New Trial Absent a Reasonable Possibility of Influence I. Introduction Estate of Jeremy Bellamy, deceased, through its...
United States v. Deluna: Harmless-Error Treatment of Potentially Coerced Interview Confessions and Relevance of Firearms Displays/Photos in Straw-Purchase Prosecutions Introduction In United States...
Magistrate’s Nondelegable Article 15.17 Duty and No Clearly Established Sixth Amendment Right to Counsel at the Article 17.151 Affordable-Bail Deadline Introduction Rivera Castelan v. Taylor (5th...
Maryland Transmission CPCN Applicants May Obtain Pre-CPCN Survey Entry Under RP § 12-111 Despite PU § 7-207’s Condemnation Timing 1. Introduction Case: PSEG Renewable Transmission LLC v. Arentz...
Failure to Object to a Magistrate Judge’s Suppression Recommendation Forfeits Appellate Review; “Government-Agent” Conspiracy Instruction Required Only Where Risk of Agent-Only Agreement Is...
Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree I. Introduction In United States v. Aunyis Cherry (11th Cir. Aug. 6, 2026)...
Reasonably Equivalent Value in Family Debt-Release Transfers: Corporate Loans Are Not Personal Guaranties Absent Clear Contractual Commitment (Sixth Circuit) Introduction Kathleen Sullivan v. Timothy...
Rogers v. Espinoza: Abandonment of Excessive-Force Claims and the Need for Bystander-Specific Clearly Established Law (with Scott v. Harris Video Review) I. Introduction In Rogers v. Espinoza (5th...
Debtor Must Attend § 727 Trial Without Subpoena, but One-Day Absence Is Harmless Absent Prejudice; Discharge Appeal Is Final Despite Sanctions Remand 1) Introduction Case: Black v. Triplett (5th Cir....
Repeal-and-Replace Ordinance Moots Preliminary-Injunction Appeal and Bars Pendent Appellate Review 1. Introduction Scannell Properties #516, LLC and Scannell Properties #673, LLC (collectively,...
Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk Case: United States v. Randall Hayes...
Decisionmaker Knowledge Is Essential to § 1981 Retaliation Causation; Temporal Proximity Alone (Three Months) Cannot Overcome Unrebutted No-Knowledge Evidence 1. Introduction In Whiticar v. Parish...