actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

United States v. Freddie Sanchez: “Background Evidence” Outside Rule 404(b) in Drug Conspiracy Trials and the “Good Cause” Threshold for Substituting Appointed Counsel

Date: Jul 4, 2026

United States v. Freddie Sanchez: “Background Evidence” Outside Rule 404(b) in Drug Conspiracy Trials and the “Good Cause” Threshold for Substituting Appointed Counsel 1. Introduction In United...

Sovereign-Citizen-Style Filings Do Not Trigger Renewed Faretta or Competency Proceedings Absent a “Deeper Breakdown in Cognitive Ability”

Date: Jul 4, 2026

Sovereign-Citizen-Style Filings Do Not Trigger Renewed Faretta or Competency Proceedings Absent a “Deeper Breakdown in Cognitive Ability” Introduction In United States v. Lorin Kal Buckner (6th Cir....

Rule 32.2(b)(4)(B) Is a Time-Related Directive: Late-Imposed Forfeiture Is Reviewed for Harmless Error (and Usually Won’t Be Vacated Absent Prejudice)

Date: Jul 4, 2026

Rule 32.2(b)(4)(B) Is a Time-Related Directive: Late-Imposed Forfeiture Is Reviewed for Harmless Error (and Usually Won’t Be Vacated Absent Prejudice) Case: United States v. Jeremy Wayne Harrell (No....

Post-Ruan CSA Prosecutions: Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid, and Masked Witness Testimony Is Not Plain Error Absent Prejudice

Date: Jul 4, 2026

Post-Ruan CSA Prosecutions: Objective “Legitimate Medical Purpose/Usual Course” Criteria Remain Valid, and Masked Witness Testimony Is Not Plain Error Absent Prejudice Case: United States v. Bernard...

Smucker v. ACE: Under Ohio’s “Cause” Test, a Product-Contamination Event Is One Occurrence; Ambiguous Lot Endorsements Do Not Multiply Retained Limits

Date: Jul 4, 2026

Smucker v. ACE: Under Ohio’s “Cause” Test, a Product-Contamination Event Is One Occurrence; Ambiguous Lot Endorsements Do Not Multiply Retained Limits Case: The J.M. Smucker Company v. Ace American...

Police Liability for Self-Help Residential Evictions Based on Estate Papers Without Court Process: Active Participation Constitutes an Unreasonable Fourth Amendment Seizure

Date: Jul 4, 2026

Police Liability for Self-Help Residential Evictions Based on Estate Papers Without Court Process: Active Participation Constitutes an Unreasonable Fourth Amendment Seizure 1. Introduction Mary Ann...

Potential-Claim Notice Must Be Given During the Policy Period, Not the Extended Reporting Period, to Preserve Coverage Under a Claims-Made Legal-Malpractice Policy (Sixth Circuit, Michigan Law)

Date: Jul 4, 2026

Potential-Claim Notice Must Be Given During the Policy Period, Not the Extended Reporting Period, to Preserve Coverage Under a Claims-Made Legal-Malpractice Policy (Sixth Circuit, Michigan Law) 1....

State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I

Date: Jul 4, 2026

State v. Lee: Mandatory N.J.R.E. 104 Reliability Hearings for Challenged Fingerprint (ACE-V) Evidence Under Olenowski I 1. Introduction In State v. French G. Lee (N.J. June 29, 2026), the Supreme...

Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid

Date: Jul 4, 2026

Ultra Vires Limits on the Council on Local Mandates: Judicial Review Permitted and “Nugatory” Declarations Beyond the Mandate Are Invalid Case: Rebecca J. Reed v. Elizabeth M. Muoio (Supreme Court of...

Section 48-188 Treats Filed Workers’ Compensation Awards as District Court Judgments for “All Proceedings,” Including Equitable Vacatur Actions

Date: Jul 4, 2026

Section 48-188 Treats Filed Workers’ Compensation Awards as District Court Judgments for “All Proceedings,” Including Equitable Vacatur Actions Case: 1 Cono Contracting v. Lopez, 321 Neb. 728 (July...

APA Judicial Review in Nebraska: Statement-of-Errors Rule Inapplicable; Issues Must Be Pleaded in the Petition for Review

Date: Jul 4, 2026

APA Judicial Review in Nebraska: Statement-of-Errors Rule Inapplicable; Issues Must Be Pleaded in the Petition for Review 1. Introduction In Gay v. Board of Engineers & Architects, 321 Neb. 712 (July...

Repeated Armed Extortion and Threats Without Physical Harm May Not Compel a Finding of “Past Persecution” Under Substantial-Evidence Review

Date: Jul 4, 2026

Repeated Armed Extortion and Threats Without Physical Harm May Not Compel a Finding of “Past Persecution” Under Substantial-Evidence Review 1. Introduction In Carrasco-Aguilar v. Blanche (5th Cir....

State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts

Date: Jul 4, 2026

State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts 1. Introduction In State v. Ovalle (Supreme Court of Georgia, June...

State v. Postell: Self-Defense Admissibility of Victim-Violence Evidence Under Georgia’s Current Evidence Code

Date: Jul 4, 2026

State v. Postell (Ga. June 30, 2026): In Self-Defense Cases, Victim’s Violent Reputation/Opinion and Defendant-Known Specific Violent Acts Are Admissible; Categorical “Character Evidence” Exclusion...

Colorado Single-Subject Rule: Mid-Decade Redistricting Authorization Cannot Be Bundled with Adoption of a Specific Congressional Map

Date: Jul 4, 2026

Colorado Single-Subject Rule: Mid-Decade Redistricting Authorization Cannot Be Bundled with Adoption of a Specific Congressional Map Case: Williams v. Nathan (In re Title, Ballot Title, & Submission...

Dilworth v. Tucker — Qualified Immunity Requires Factually Similar, Published Authority

Date: Jul 4, 2026

Qualified Immunity in Fourth Amendment Arrest/Force Cases: General Excessive-Force Principles and Unpublished Decisions Do Not “Clearly Establish” Illegality Without Factually Similar, Controlling...

Seventh Amendment Requires a Jury for FDCA/TCA Civil-Penalty Enforcement Against Vape Sellers

Date: Jul 4, 2026

Seventh Amendment Requires a Jury for FDCA/TCA Civil-Penalty Enforcement Against Vape Sellers (Limiting the Public-Rights Exception) Case: Texas Tobacco Barn v. HHS Court: United States Court of...

§ 1782 Protective Orders Must Honor Outside-Counsel-Only Contractual Confidentiality Absent a Definitive Foreign-Law Mandate

Date: Jul 4, 2026

§ 1782 Protective Orders Must Honor Outside-Counsel-Only Contractual Confidentiality Absent a Definitive Foreign-Law Mandate I. Introduction In Apple Inc. v. Key Patent Innovations (5th Cir. June 30,...

Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations

Date: Jul 4, 2026

Broad Consequential-Damages Waivers in Texas: Enforceable by Subcontractor Third-Party Beneficiaries and Applicable to Intentional Torts Despite Fraud Allegations I. Introduction In Alta v. General...

Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling

Date: Jul 4, 2026

Individualized “Terminal Illness” Determinations in Compassionate Release: End-Stage Renal Disease Is Not Per Se Extraordinary and Compelling I. Introduction In United States v. Brad Acy Holley (4th...