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

Matter of Chilliest: Rule 8.4(h) Applies Even When Misconduct Also Violates Other Rule 8.4 Provisions

Date: Jun 17, 2026

Matter of Chilliest: Rule 8.4(h) Applies Even When Misconduct Also Violates Other Rule 8.4 Provisions Introduction Matter of Chilliest (2026 NY Slip Op 03760 [1st Dept 2026]) is an...

NSCB Cannot Award Private Contract Damages Even After a Contractor Defaults; Voluntary “Surrender Request” Does Not Bar Regulatory Fines

Date: Jun 17, 2026

NSCB Cannot Award Private Contract Damages Even After a Contractor Defaults; Voluntary “Surrender Request” Does Not Bar Regulatory Fines 1. Introduction Assured Dev., Inc. v. Nev. State Contractors...

FAPA Section 2 Retroactively Eliminates RPAPL 1301(3) as a CPLR 204(a) Toll in Foreclosure-Related Limitations Disputes

Date: Jun 17, 2026

FAPA Section 2 Retroactively Eliminates RPAPL 1301(3) as a CPLR 204(a) Toll in Foreclosure-Related Limitations Disputes Case: Rouge v U.S. Bank Trust N.A. (2026 NY Slip Op 03769) (App Div, 1st Dept,...

McCoy v. State: Deference to Trial-Court Credibility (Including Implicit Findings) in OCGA § 16-3-24.2 Immunity Rulings

Date: Jun 16, 2026

McCoy v. State: Deference to Trial-Court Credibility (Including Implicit Findings) in OCGA § 16-3-24.2 Immunity Rulings 1. Introduction In McCoy v. State (Supreme Court of Georgia, June 16, 2026),...

Piercefield v. State — No Automatic For-Cause Removal of Magistrate Court Employees Absent Proof of Fixed Bias

Date: Jun 16, 2026

No Automatic For-Cause Removal of Magistrate Court Employees Absent Proof of Fixed Bias (Piercefield v. State) 1. Introduction In Piercefield v. State (Supreme Court of Georgia, June 16, 2026),...

Floyd v. State (Ga. 2026): Reversal for Ineffective Assistance Permits Reindictment and Retrial; Mixed Verdicts Defeat Collateral-Estoppel Self-Defense Bar

Date: Jun 16, 2026

Floyd v. State (Ga. 2026): Reversal for Ineffective Assistance Permits Reindictment and Retrial; Mixed Verdicts Defeat Collateral-Estoppel Self-Defense Bar Court: Supreme Court of Georgia | Date:...

Denson v. State (Ga. 2026): Edge Rule Not Extended to Involuntary Manslaughter or Firearm-Possession Felony Murder; No Strickland Deficiency for Forgoing Meritless Closing-Argument Objections

Date: Jun 16, 2026

Edge Rule Not Extended to Involuntary Manslaughter or Firearm-Possession Felony Murder; No Strickland Deficiency for Forgoing Meritless Closing-Argument Objections 1. Introduction In Denson v. State,...

Glenn v. State — Multi-Layered Informant Hearsay Remains Inadmissible; Circumstantial Digital-Location and Flight Evidence Suffices Under Jackson and OCGA § 24-14-6

Date: Jun 16, 2026

Glenn v. State — Multi-Layered Informant Hearsay Remains Inadmissible; Circumstantial Digital-Location and Flight Evidence Suffices Under Jackson and OCGA § 24-14-6 1. Introduction In Glenn v. State...

Battle v. State: Preservation of Mistrial Denials Requires Renewal After Curative Instruction; No Ineffective Assistance for Failing to Seek Non-Available Claim-of-Right/Justification Charges

Date: Jun 16, 2026

Battle v. State: Preservation of Mistrial Denials Requires Renewal After Curative Instruction; No Ineffective Assistance for Failing to Seek Non-Available Claim-of-Right/Justification Charges 1....

Booze v. State — Constructive-Force Rape Requires No “Intent to Use Force”; Drake Dictum Disapproved

Date: Jun 16, 2026

Booze v. State — Constructive-Force Rape Requires No “Intent to Use Force”; Drake v. State Dictum Disapproved 1. Introduction In Booze v. State (Supreme Court of Georgia, June 16, 2026), Jerome...

Calhoun v. State — Meaningful Appellate Argument Required; Prior “Closet-Shooting” Burglary Admissible Under Rule 404(b) to Prove Intent and Absence of Accident

Date: Jun 16, 2026

Meaningful Appellate Argument Required; Prior “Closet-Shooting” Burglary Admissible Under Rule 404(b) to Prove Intent and Absence of Accident Commentary on Calhoun v. State (Supreme Court of Georgia,...

Banks v. State — Harmless-Error Framework for Confrontation Clause Claims When Demonstrative Evidence Temporarily Obstructs the Defendant’s View

Date: Jun 16, 2026

Harmless-Error Framework for Confrontation Clause Claims When Demonstrative Evidence Temporarily Obstructs the Defendant’s View Introduction In Banks v. State (Supreme Court of Georgia, June 16,...

Later-Death Exception to Double Jeopardy: Murder Prosecution Allowed After Prior Assault Conviction

Date: Jun 16, 2026

Later-Death Exception to Double Jeopardy: Murder Prosecution Allowed After Prior Assault Conviction 1. Introduction In Buchalla v. State (Supreme Court of Georgia, June 16, 2026), the Court addressed...

“Effect on the Listener” Is Not a Backdoor to Prove Guilt: Relevancy, Limiting Instructions, and Preservation via Motion in Limine

Date: Jun 16, 2026

“Effect on the Listener” Is Not a Backdoor to Prove Guilt: Relevancy, Limiting Instructions, and Preservation via Motion in Limine 1. Introduction In State of West Virginia v. Randy C. Cain (No....

Tenth Circuit: Unpreserved Colorado River Challenges Are Waived Absent a Developed Plain-Error Argument; AI-Hallucinated Citations Risk Sanctions

Date: Jun 16, 2026

Tenth Circuit: Unpreserved Colorado River Challenges Are Waived Absent a Developed Plain-Error Argument; AI-Hallucinated Citations Risk Sanctions Case: Jackson v. Santander Consumer USA Inc., No....

IPRA “As Otherwise Provided by Law”: Only Formally Promulgated Regulations Implementing Clear Legislative Confidentiality Intent Can Bar Disclosure

Date: Jun 16, 2026

IPRA “As Otherwise Provided by Law”: Only Formally Promulgated Regulations Implementing Clear Legislative Confidentiality Intent Can Bar Disclosure I. Introduction In Am. Civ. Liberties Union of N.M....

Seventh Circuit Requires Vacatur of Multi-Object Conspiracy and Pinkerton-Based FCPA Convictions When Snyder-Invalid § 666 Objects May Have Driven a General Verdict

Date: Jun 16, 2026

Seventh Circuit Requires Vacatur of Multi-Object Conspiracy and Pinkerton-Based FCPA Convictions When Snyder-Invalid § 666 Objects May Have Driven a General Verdict I. Introduction United States v....

Ultra Vires Conduct Does Not Establish Monell “Official Policy” When State Law Unequivocally Commands the Opposite

Date: Jun 16, 2026

Ultra Vires Conduct Does Not Establish Monell “Official Policy” When State Law Unequivocally Commands the Opposite Case: Gary Betts v. Boone County, Illinois, No. 25-1685 Court: United States Court...

No Strickland Prejudice for Unobjected “Stand Your Ground”/Retreat Instruction Absent Evidence Retreat Increased Danger

Date: Jun 16, 2026

No Strickland Prejudice for Unobjected “Stand Your Ground”/Retreat Instruction Absent Evidence Retreat Increased Danger 1. Introduction Frank Reyes v. Florida Department of Corrections (11th Cir....

CVRA Restitution Mandamus: “Closely Related” Harm Requirement and the Need for a Proper § 3771(d)(3) Motion

Date: Jun 16, 2026

CVRA Restitution Mandamus: “Closely Related” Harm Requirement and the Need for a Proper § 3771(d)(3) Motion Case: In re: Eleonora Zetteler, LLM (4th Cir. June 13, 2026) (unpublished) Court: United...