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

Section 18.001’s “Unless” Clause as an All-or-Nothing Bar: Any Compliant Counteraffidavit Defeats Affidavit Admissibility

Date: May 6, 2026

Section 18.001’s “Unless” Clause as an All-or-Nothing Bar: Any Compliant Counteraffidavit Defeats Affidavit Admissibility Case: Tatia Ortiz v. Ramu Nelapatla Court: Supreme Court of Texas Date: May...

People v. Morris (Cal. 2026): § 189(e)(2) Requires the Nonkiller to Aid the Lethal Act, Not Merely the Underlying Felony

Date: May 6, 2026

People v. Morris (Cal. 2026): § 189(e)(2) Requires the Nonkiller to Aid the Lethal Act, Not Merely the Underlying Felony Supreme Court of California (May 4, 2026) — Justice Groban (maj.); Chief...

State v. Lawrence M.: Joinder Burden on the State and Permissible “Grooming” Hypotheticals Without Complainant-Specific Vouching

Date: May 6, 2026

State v. Lawrence M.: Joinder Burden on the State and Permissible “Grooming” Hypotheticals Without Complainant-Specific Vouching 1. Introduction In State of Connecticut v. Lawrence M. (SC 21032)...

Estate of Kalinski v. Murphy Law Office, PLLC: Unjust Enrichment and ICPA Claims Cannot Repackage Legal Malpractice Absent Independent Consumer Deception

Date: May 6, 2026

Estate of Kalinski v. Murphy Law Office, PLLC: Unjust Enrichment and ICPA Claims Cannot Repackage Legal Malpractice Absent Independent Consumer Deception Court: Supreme Court of Idaho Date: May 5,...

State v. Baez: When Eyewitness “Flight” Evidence and Retreat Defeat Self-Defense, and When Intent-Charge Errors Are Not Plain Error

Date: May 6, 2026

State v. Baez: When Eyewitness “Flight” Evidence and Retreat Defeat Self-Defense, and When Intent-Charge Errors Are Not Plain Error Introduction In State v. Baez (Conn. Sup. Ct., officially released...

State v. Bard: Unpreserved Severance Claims Are Unreviewable; Articulation Cannot Create Preservation; No Duty to Sever Sua Sponte Under Practice Book § 41-18

Date: May 6, 2026

State v. Bard: Unpreserved Severance Claims Are Unreviewable; Articulation Cannot Create Preservation; No Duty to Sever Sua Sponte Under Practice Book § 41-18 1. Introduction In State v. Bard (Conn....

Uncodified and Ambiguous Civil Service Exam Phone Rules Cannot Rationally Support Score Nullification; “Final” Agency Language May Excuse Further Exhaustion

Date: May 6, 2026

Uncodified and Ambiguous Civil Service Exam Phone Rules Cannot Rationally Support Score Nullification; “Final” Agency Language May Excuse Further Exhaustion I. Introduction Matter of Bifulco v City...

R.C. 3513.311(C) Allows Late Lieutenant-Governor Replacement Only Upon Death; Ohio Supreme Court Original Jurisdiction Bars Declaratory and Prohibitory-Injunction Claims

Date: May 5, 2026

R.C. 3513.311(C) Allows Late Lieutenant-Governor Replacement Only Upon Death; Ohio Supreme Court Original Jurisdiction Bars Declaratory and Prohibitory-Injunction Claims I. Introduction State ex rel....

Expedited Supreme Court Judgment Issuance Under Rule 45.3 in Ongoing Election Disputes (Callais v. Louisiana)

Date: May 5, 2026

Expedited Supreme Court Judgment Issuance Under Rule 45.3 in Ongoing Election Disputes (Callais v. Louisiana) Introduction Callais v. Louisiana arises from emergency, post-merits litigation effects...

Commonwealth v. Peters (Pa. 2026) Commentary

Date: May 5, 2026

“Malice Is Malice”: Pennsylvania Rejects a DUI-Specific Malice Test and Reaffirms One Unified Standard Case: Commonwealth v. Peters, Supreme Court of Pennsylvania (May 4, 2026) I. Introduction...

Stash-House Enhancement Applies Without Leasehold When De Facto Control or Co-Conspirator Foreseeability Is Shown

Date: May 5, 2026

Stash-House Enhancement Applies Without Leasehold When De Facto Control or Co-Conspirator Foreseeability Is Shown Case: United States v. Khari Qunarll Smith (6th Cir. May 4, 2026) (not recommended...

Pleading Limits on “Continuing Violation” Theories: An Allegedly Biased Internal Investigation Does Not Extend a Title VII Hostile-Environment Claim Without Plausible Sex-Based Causation or Harasser Control

Date: May 5, 2026

Pleading Limits on “Continuing Violation” Theories: An Allegedly Biased Internal Investigation Does Not Extend a Title VII Hostile-Environment Claim Without Plausible Sex-Based Causation or Harasser...

Termination Ends Commission Entitlement When Compensation Clause Limits Commissions to Contracts Accepted Before the Effective Termination Date

Date: May 5, 2026

Termination Ends Commission Entitlement When Compensation Clause Limits Commissions to Contracts Accepted Before the Effective Termination Date Case: Touch-N-Buy LLC v. United Consumer Fin. Servs....

Deadly Force “Until Neutralized”: Sixth Circuit Clarifies that the Trigger-Count Is Not the Question

Date: May 5, 2026

Deadly Force “Until Neutralized”: Sixth Circuit Clarifies that the Trigger-Count Is Not the Question I. Introduction Kimberly Vaughn, through the Administration of the Estate of Mohammad J. Isaifan,...

Informal Agency Memoranda that Alter Substantive Rights Are “Rules”; Untimely Procedural Challenges Are Barred, but Timely Objectors Cannot Be Bound by Unpromulgated Changes

Date: May 5, 2026

Informal Agency Memoranda that Alter Substantive Rights Are “Rules”; Untimely Procedural Challenges Are Barred, but Timely Objectors Cannot Be Bound by Unpromulgated Changes 1. Introduction In Martel...

Routine Evidence-Retention Deletions Trigger Youngblood (Not Trombetta) Absent Apparent Exculpatory Value—and Require Proof of Bad Faith

Date: May 5, 2026

Routine Evidence-Retention Deletions Trigger Youngblood (Not Trombetta) Absent Apparent Exculpatory Value—and Require Proof of Bad Faith Introduction In United States v. Orrantia (10th Cir. May 4,...

Carroll v. Trump (2d Cir. Apr. 29, 2026) — Commentary

Date: May 5, 2026

Second Circuit Leaves Intact: (1) a Pre‑Trial Constraint on Westfall Act Substitution in State‑Filed Cases, and (2) Waiver/Law‑of‑the‑Case Limits on Re‑Litigating Presidential Immunity I....

Technical-Reviewer DNA Testimony Is Not “Plainly” Barred by the Confrontation Clause; ACCA Different-Occasions Errors Require Prejudice

Date: May 5, 2026

Technical-Reviewer DNA Testimony Is Not “Plainly” Barred by the Confrontation Clause; ACCA Different-Occasions Errors Require Prejudice Introduction In United States v. Samuel Lee Jones (11th Cir....

Rule 60 Motions After Final Judgment: One-Year Bar, “Reasonable Time” Limits, and Clear-and-Convincing Proof for Fraud on the Court

Date: May 5, 2026

Rule 60 Motions After Final Judgment: One-Year Bar, “Reasonable Time” Limits, and Clear-and-Convincing Proof for Fraud on the Court 1. Introduction Harisadhan Patra and Petula Vaz (pro se) appealed...

Smith v. Albany County School District No. 1: Pleading a “Compelled Message” and Limits on Mask-Mandate First Amendment/Due Process Claims

Date: May 5, 2026

Smith v. Albany County School District No. 1: Pleading a “Compelled Message” and Limits on Mask-Mandate First Amendment/Due Process Claims I. Introduction In Smith v. Albany County School District...