adoption-of-restatement-(second)-torts- Case Commentaries

Ministerial Ballot Duties Do Not Override Ohio’s Constitutional Timing Requirements for Charter Amendments

Date: Oct 31, 2026

Ministerial Ballot Duties Do Not Override Ohio’s Constitutional Timing Requirements for Charter Amendments Case: State ex rel. Avon Lake Commt. for the Citizens & Electors Right to Vote on City...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Challenges Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Fourth Amendment Malicious Prosecution Requires a Post-Process Seizure; Investigative Detention Depends on Context

Date: Oct 31, 2026

Fourth Amendment Malicious Prosecution Requires a Post-Process Seizure; Investigative Detention Depends on Context Case: Cumani v. Queen, No. 24-8072, United States Court of Appeals for the Tenth...

Non-Truth Use of Testimonial Protective-Order Allegations: No Plain Confrontation Error

Date: Oct 31, 2026

Non-Truth Use of Testimonial Protective-Order Allegations: No Plain Confrontation Error Case: MARDELL v. State, No. S26A0674 Court: Supreme Court of Georgia Decided: October 27, 2026 Opinion: Justice...

RUCKER v. State: Post-Trial Leniency Does Not Alone Establish a Pretrial Witness Agreement

Date: Oct 31, 2026

RUCKER v. State: Post-Trial Leniency Does Not Alone Establish a Pretrial Witness Agreement Court: Supreme Court of Georgia Case: No. S26A0894 Decided: October 27, 2026 Opinion: Justice Colvin; all...

Inaccurate Appointed-Counsel Fee Certifications: Strong Mitigation Can Justify a Fully Stayed Suspension

Date: Oct 31, 2026

Inaccurate Appointed-Counsel Fee Certifications: Strong Mitigation Can Justify a Fully Stayed Suspension Case: Disciplinary Counsel v. Robertson, Slip Opinion No. 2026-Ohio-4231 Court: Supreme Court...

Trial Courts, Not Prosecutors, Select Among Alternative Firearm Specifications for a Single Felony

Date: Oct 31, 2026

Trial Courts, Not Prosecutors, Select Among Alternative Firearm Specifications for a Single Felony Case: State v. Holliman, Slip Opinion No. 2026-Ohio-4232 Court: Supreme Court of Ohio Decided:...

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices

Date: Oct 31, 2026

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices Case: Greater Boston Legal Services v. U.S. Dep't of Homeland Security Court: United...

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges

Date: Oct 31, 2026

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges Court: United States Court of Appeals for the First Circuit Decision date: October 29,...

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening

Date: Oct 31, 2026

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening Case: Toral Baldevbhai Patel v. U.S. Attorney General Court: United States Court of...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law

Date: Oct 31, 2026

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction

Date: Oct 31, 2026

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction Case: Yolanda Lopez v. Gabriela Llanes, No. 25-12239 Court: United States Court of...

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver

Date: Oct 31, 2026

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver People v Ekukpe, 2026 NY Slip Op 06378 New York Court of Appeals | October 29, 2026 This commentary addresses...

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas

Date: Oct 31, 2026

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas Case: People v Nantan, 2026 NY Slip Op 06379 Court: New York Court of Appeals Decided: October 29, 2026 Opinion: Judge Rivera;...

Specific Objections Are Essential to Preserve Review of a Magistrate Judge’s Recommendations

Date: Oct 31, 2026

Specific Objections Are Essential to Preserve Review of a Magistrate Judge’s Recommendations Case: Hopgood v. Stancil, No. 26-1042 Court: United States Court of Appeals for the Tenth Circuit Date:...

No Constitutional Right to Typed Prison Filings: Actual Injury Is Essential to Court-Access Claims

Date: Oct 31, 2026

No Constitutional Right to Typed Prison Filings: Actual Injury Is Essential to Court-Access Claims Case: Jackson v. Cornwell, No. 26-5083 Court: United States Court of Appeals for the Tenth Circuit...

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury

Date: Oct 31, 2026

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury Case: United States v. FourPoint Resources Court: United States Court of Appeals for the Tenth...

CFTC Reparations Review: Record-Based Findings and the Limits of Promotional-Bonus Claims

Date: Oct 31, 2026

CFTC Reparations Review: Record-Based Findings and the Limits of Promotional-Bonus Claims Case: Jaison Francisco v. CFTC, No. 25-3302 Court: United States Court of Appeals for the Seventh Circuit...

Reasonable Force Without an Arrest Announcement During a Shots-Fired Investigation

Date: Oct 31, 2026

Reasonable Force Without an Arrest Announcement During a Shots-Fired Investigation Case: Frances Collazo v. Otsego County, Mich. Court: United States Court of Appeals for the Sixth Circuit Date:...