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

Rease v. State: Unobjected Prosecutorial Opening/Closing Argument Is Waived (No Plain-Error Review) and DNA Frequency Testimony Is Proper When Tied to the Evidence Profile

Date: Jun 17, 2026

Rease v. State: Unobjected Prosecutorial Opening/Closing Argument Is Waived (No Plain-Error Review) and DNA Frequency Testimony Is Proper When Tied to the Evidence Profile 1. Introduction In Rease v....

Conclusory “Substantial Identity” Allegations Do Not Cure Failure to Name the Correct EEOC Respondent; Leave to Amend Requires a Specific Proposed Cure

Date: Jun 17, 2026

Conclusory “Substantial Identity” Allegations Do Not Cure Failure to Name the Correct EEOC Respondent; Leave to Amend Requires a Specific Proposed Cure I. Introduction In Borsody v. Frontier Heritage...

United States v. Ricardo Delgado, II — Intent-to-Reoffend Statements and Intertwined Violence Evidence Are Admissible; Continuance Denials Require Specific Prejudice; Unstated Guidelines Range Is Harmless Absent a Different Outcome

Date: Jun 17, 2026

Intent-to-Reoffend Statements and Intertwined Violence Evidence Are Admissible; Continuance Denials Require Specific Prejudice; Unstated Guidelines Range Is Harmless Absent a Different Outcome...

Extraordinary Medical Condition Is Not Dispositive: Sixth Circuit Affirms Denial of Compassionate Release When § 3553(a) Factors Still Justify the Original Term

Date: Jun 17, 2026

Extraordinary Medical Condition Is Not Dispositive: Sixth Circuit Affirms Denial of Compassionate Release When § 3553(a) Factors Still Justify the Original Term I. Introduction In United States v....

McDaniel v. State — Ambiguous Miranda Invocations and Rule-of-Completeness Objections Require Clarity (and Harm)

Date: Jun 17, 2026

McDaniel v. State: Continued Talking Can Render Miranda “Invocations” Equivocal; Rule-of-Completeness Claims Fail Absent a Definitive Ruling and a Showing of Harm 1. Introduction In McDaniel v. State...

Noncompliant Statutory Speedy-Trial Demand Must Be Considered Under Barker’s “Assertion” Factor; Trial Courts Must Separately Weigh “Uncommonly Long” Delay

Date: Jun 17, 2026

Noncompliant Statutory Speedy-Trial Demand Must Be Considered Under Barker’s “Assertion” Factor; Trial Courts Must Separately Weigh “Uncommonly Long” Delay 1. Introduction Price v. State (Supreme...

Gaming Act Definitions Inform Crimes Code “Slot Machine,” but Gaming Act Licensing/Tax Regime Targets Only Board-Licensed Use

Date: Jun 17, 2026

Gaming Act Definitions Inform Crimes Code “Slot Machine,” but Gaming Act Licensing/Tax Regime Targets Only Board-Licensed Use Introduction Justice Brobson’s concurring and dissenting opinion...

Administrative-Agent Standing Without a Financial Stake; Judicial Sales Must Maximize Competition

Date: Jun 17, 2026

Administrative-Agent Standing Without a Financial Stake; Judicial Sales Must Maximize Competition I. Introduction Case: JPMorgan Chase Bank, N.A. v. Larry Winget (Sixth Circuit, 2026-06-15). Parties:...

Ahmed v. Hamtramck Public Schools: Pleading-Stage Rules for Futility—Paid Administrative Leave Can Be an Adverse Action for FMLA Retaliation and Title IX Employment Discrimination (Post-Muldrow)

Date: Jun 17, 2026

Ahmed v. Hamtramck Public Schools: Pleading-Stage Rules for Futility—Paid Administrative Leave Can Be an Adverse Action for FMLA Retaliation and Title IX Employment Discrimination (Post-Muldrow) I....

Disbarment for Defaulted Misconduct Featuring Client Abandonment and Fabricated Court Filings (Rules 8.4(a)(4) and 8.1(a))

Date: Jun 17, 2026

Disbarment for Defaulted Misconduct Featuring Client Abandonment and Fabricated Court Filings (Rules 8.4(a)(4) and 8.1(a)) 1. Introduction In the Matter of Mylee McKinney (Supreme Court of Georgia,...

State v. Brantley: Prior Sexual Assault Evidence as Intrinsic “Motive/Story” Evidence; Rule 403 Exclusion Is Extraordinary and Disfavored

Date: Jun 17, 2026

State v. Brantley: Prior Sexual Assault Evidence as Intrinsic “Motive/Story” Evidence; Rule 403 Exclusion Is Extraordinary and Disfavored 1. Introduction In State v. Brantley (Supreme Court of...

OCGA § 51-13-1(b) Damages Cap Cannot Be Partially Applied Where a Verdict Includes Nestlehutt-Protected Noneconomic Damages

Date: Jun 17, 2026

OCGA § 51-13-1(b) Damages Cap Cannot Be Partially Applied Where a Verdict Includes Nestlehutt-Protected Noneconomic Damages 1. Introduction CLARK v. LEIGH (And Vice Versa) is a consolidated appeal...

OCGA § 51-13-1 Cannot Be Applied Piecemeal When a Medical-Malpractice Verdict Includes Nestlehutt-Protected Noneconomic Damages

Date: Jun 17, 2026

OCGA § 51-13-1 Cannot Be Applied Piecemeal When a Medical-Malpractice Verdict Includes Nestlehutt-Protected Noneconomic Damages I. Introduction CAYAMCELA v. ADVOCACY TRUST, LLC (Two Cases)...

“Already Has Counsel” Under Crim. P. 35(c)(3)(V): No Court-Appointed Supplementation When a 35(c) Motion Is Filed by Private Counsel

Date: Jun 17, 2026

“Already Has Counsel” Under Crim. P. 35(c)(3)(V): No Court-Appointed Supplementation When a 35(c) Motion Is Filed by Private Counsel 1. Introduction Case: In re The People of the State of Colorado v....

Colorado Recognizes a Narrow Public-Policy Wrongful-Discharge Claim for Lawful Self-Defense at Work

Date: Jun 17, 2026

Colorado Recognizes a Narrow Public-Policy Wrongful-Discharge Claim for Lawful Self-Defense at Work I. Introduction In Moreno, Mary v. Circle K, 2026 CO 46, the Colorado Supreme Court answered a...

Citizen Initiatives Cannot Amend Planned Unit Development (PUD) Agreements: PUD Amendments Are Administrative, Not Legislative

Date: Jun 17, 2026

Citizen Initiatives Cannot Amend Planned Unit Development (PUD) Agreements: PUD Amendments Are Administrative, Not Legislative I. Introduction In Kavanaugh, Tiffany v. Telluride Locals Coalition,...

Mootness of Injunction Appeals When DHS Rescinds Reinstatement and a New Final Removal Order Supersedes the Dispute

Date: Jun 17, 2026

Mootness of Injunction Appeals When DHS Rescinds Reinstatement and a New Final Removal Order Supersedes the Dispute 1. Introduction Arguello v. Mullin (10th Cir. June 15, 2026) concerns a Venezuelan...

“Already Has Counsel” Under Crim. P. 35(c)(3)(V): Counsel-Filed Motions Cannot Be Supplemented by Appointed Counsel After Withdrawal

Date: Jun 17, 2026

“Already Has Counsel” Under Crim. P. 35(c)(3)(V): Counsel-Filed Motions Cannot Be Supplemented by Appointed Counsel After Withdrawal I. Introduction In People v. Roberts, 2026 CO 45, the Colorado...

State’s Mental-State Expert May Testify in Case-in-Chief; Trial Courts May Vary Order of Proof Under Rule 5-607(J)

Date: Jun 17, 2026

State’s Mental-State Expert May Testify in Case-in-Chief; Trial Courts May Vary Order of Proof Under Rule 5-607(J) I. Introduction In State v. Cuellar (N.M. June 15, 2026) (unpublished; Rule 12-405...

Post-Snyder Alternative-Theory Error: Multi-Object § 371 Conspiracies and Pinkerton FCPA Convictions Must Be Vacated Absent Certainty the Jury Convicted on a Valid Object

Date: Jun 17, 2026

Post-Snyder Alternative-Theory Error: Multi-Object § 371 Conspiracies and Pinkerton FCPA Convictions Must Be Vacated Absent Certainty the Jury Convicted on a Valid Object Case: United States v....