OCPA Deadlines Enforced: A Motion Is Denied by Operation of Law 30 Days After a Hearing Unless the Court Expressly Extends the Hearing Date I. Introduction Rivero v. Stahlheber, 2026 OK 63 (Okla....
Post-Conviction Summary Dismissal Reversed: A Petitioner’s Admissible Affidavit Can Create a Material Fact Dispute Over Counsel’s Failure to Convey Plea Acceptance Case: Ennis Jr. v. State of Idaho...
Untimely Postprimary Candidate-Qualification Protests Cannot Use R.C. 3501.39(A)(2) to Evade R.C. 3513.05; Boards Lack Late Sua Sponte Power Under R.C. 3501.39(A)(4) I. Introduction Case: State ex...
Homogenous Per-Share Merger-Damages Settlements May Proceed Under Rule 23(b)(1)/(b)(2) Without Mandatory Opt-Out; Celera Opt-Out Remains an Exceptional, Discretionary Remedy Case: IsZo Capital LP v....
Unobjected-to Instructional Errors on Uncontested Issues Do Not Constitute Plain Error (and “Eluding” Need Not End When Police Call Off a Chase) Case: People v. Jeffery Sloan, 2026 CO 63 (Colo. Sept....
Amended Pleadings Revive a Waived Civil Jury Demand Only When They Add New Triable Issues (Not New Theories or Clarifications) 1. Introduction In SCP 3330 Brighton v. Mountain Cement, 2026 CO 62...
COLJI-Crim. E:03 (2022) “Firmly Convinced / Real Possibility” Reasonable-Doubt Instruction Is Constitutional and Does Not Shift or Lower the Burden of Proof Case: Terran Sanchez v. People, 2026 CO 60...
Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement Case: Sea Breeze Condominiums & Resort Owners' Association, Inc. v....
Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied) 1. Introduction United States Postal Service, et al. v. California, et al....
Out-of-State Jail Time Is Not Credited When Independent Charges Would Have Kept the Defendant Confined; Post-Notice Orders Require a Separate/Amended Notice of Appeal Brian Joseph Melber v. The State...
Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails I. Introduction Case: Jesse Lee v. City...
Mootness Remand Under FRAP 12.1(b): Vacatur of a Preliminary Injunction to Eliminate Appellate Jurisdiction Introduction American Academy of Pediatrics v. James Uthmeier (7th Cir. Sept. 14, 2026) is...
United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a) 1. Introduction In United States v. Dontae D. Burton (11th Cir....
Bergin v. N.Y. State Unified Court System: The Second Circuit Aligns Title VII Religious-Accommodation Prima Facie Proof with Abercrombie’s Motivating-Factor Standard 1. Introduction In Bergin v....
Second Circuit Adopts Hunt Test for Associational Standing Under § 1983 and Overrules Aguayo Case: Defending Education v. Croton-Harmon Union Free School District Court: U.S. Court of Appeals for the...
General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful...
Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84...
Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory I. Introduction In John Lapikas...
Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to...
Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon 1. Introduction In United States v. Rafael Gutierrez (11th Cir. Sept. 14, 2026)...