Curative Instructions Can Remedy “Fact-at-Issue” Judicial Comments Under OCGA § 17-8-57 (Post-2015), and Mistrial Denials Must Be Renewed to Preserve Appellate Review 1. Introduction In Jackson v....
Slight Evidence Supports a Conspiracy Jury Charge Even When Conspiracy Is Not Indicted 1. Introduction In Merritt v. State (Supreme Court of Georgia, May 5, 2026), Tyler Merritt appealed his...
Bryant v. State (Supreme Court of Georgia, May 5, 2026): Aggravated Assault of the Homicide Victim Must Merge into Malice Murder Absent an Independent Assault, with Appellate Limits Reaffirmed for...
Rare-Ammunition Link as Intrinsic Evidence (Not Rule 404(b)) and Sentencing Sheets Need Not Track “Dummy” Indictment Renumbering 1. Introduction BENNETT v. THE STATE (two consolidated appeals, with...
Rider v. OXY USA: Ascertainability in the Tenth Circuit Requires Clear, Objective Class Definitions—not “Administrative Feasibility” or Classwide Standing Proof 1. Introduction In Rider v. OXY USA,...
Rule 404(b) Allows Prior Surreptitious “Peeping” Videos to Prove Identity by Voice Comparison and to Rebut “Accidental Recording” Claims Case: United States v. Bycroft (No. 24-7069) — Court: U.S....
McGirt-Based Jurisdictional Defects Cannot Be Collaterally Litigated at Federal Sentencing Absent a Complete Denial of Counsel I. Introduction In United States v. Campbell (10th Cir. May 5, 2026),...
Avant v. Doke: Appellate Waiver and Forfeiture Strictly Enforced—Inadequate Opening Briefing and Failure to Oppose a Dispositive Defense Require Affirmance 1. Introduction In Avant v. Doke (10th Cir....
“Operate Its Business” Means What It Says: Pandemic Shutdown Orders Can Trigger a Lease “Taking” Even Where Some Use Continues 1. Introduction Delshah 60 Ninth, LLC v. Free People of PA LLC (2d Cir....
National Bank Act Preempts State Minimum Interest Mandates on Mortgage-Escrow Accounts Under Barnett Bank’s “Nature and Degree” Test Cases: Cantero v. Bank of America, N.A.; Hymes v. Bank of America,...
Water Activity Enterprises May Condemn Property When Exercising a Parent District’s Eminent-Domain Power “Relating to Water Activities” Introduction In N. Integrated Supply Project Water Activity...
Pleading Conspiracy Against Court-Appointed Child Advocates: Inaction Is Not Agreement, and Former Wards Lack Standing for Prospective GAL Reform Introduction In Robert Bettis v. Paul Novak, the...
Contractual “Permission-to-Search” Consent in Cloud Terms of Service Validates Provider Scanning and NCMEC Disclosure Without Extinguishing All Privacy 1. Introduction United States v. Adam Blocker...
Seventh Circuit Tightens Rehabilitation Act Litigation: 45-Day EEO Exhaustion, No “Continuing Violation” for Disconnected Episodes, and Estoppel from Workers’ Comp Disability Assertions 1....
Sentencing Courts Must Conduct an Independent § 46-14-311/312 MCA Mental-Condition Determination When the Issue Is Raised at Sentencing Introduction In State v. Myers Starks, 2026 MT 93, the Montana...
Repetitive Habeas Challenges to a Settled Montana Sentence May Trigger a Supreme Court Leave-to-File Requirement 1. Introduction Case: J. Eves v. Borchert (Order), Supreme Court of Montana, filed May...
Due Process and Specific Findings Required Before Montana Courts Impose Vexatious-Litigant Prefiling Orders Introduction Heaven v. Weber (2026 MT 95) arose after Matthew Heaven sued Steven Paul Weber...
“Sexual Contact” Under Montana Law: “Knowingly” Is an Alternative to “Purposely,” and Omitting “Purposely” from the Instruction Was Not Plain Error (State v. Steffens) Court: Supreme Court of Montana...
Louisiana v. Callais (2026): §2 Compliance as a Compelling Interest, Recast Through an “Updated Gingles” Framework 1. Introduction Louisiana v. Callais arose from Louisiana’s post-2020-census...
Workplace PPE-Overheating Complaints Are Not “Matters of Public Concern” Absent a Concrete Public-Safety Focus Introduction In Mark Stanalajczo v. Brandonn Perry (Sixth Cir. May 4, 2026), an adjunct...