application-of-the-sixth-amendment& Case Commentaries

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots

Date: Oct 30, 2025

Set-Aside Primary Results Create an “Inoperative” Nomination Filled by Party Committee Under N.J.S.A. 19:13-20; No Post-Election Special Primaries or Dual-Candidate Ballots Introduction This...

Evidence, Not Assumptions: Second Circuit’s Summary Order Clarifies “Least Intrusive Means” Proof Under the TCA and Upholds Coexistence of Vermont’s “Substantial Deference” with Federal “Substantial Evidence”

Date: Oct 30, 2025

Evidence, Not Assumptions: Second Circuit’s Summary Order Clarifies “Least Intrusive Means” Proof Under the TCA and Upholds Coexistence of Vermont’s “Substantial Deference” with Federal “Substantial...

Second Circuit Clarifies Probable Cause Across Undifferentiated Multi-Unit Homes and Upholds Brief Continued Presence During Search: Medina v. Stevens (Summary Order)

Date: Oct 30, 2025

Second Circuit Clarifies Probable Cause Across Undifferentiated Multi-Unit Homes and Upholds Brief Continued Presence During Search Case: Medina v. Stevens, No. 24-2968 (2d Cir. Oct. 27, 2025)...

Second Circuit Reaffirms No “Prevailing Party” Status After Forum Non Conveniens Dismissal; Rule 41(d) Cost Awards Are Discretionary and Unresolved as to Foreign Dismissals

Date: Oct 30, 2025

Second Circuit Reaffirms No “Prevailing Party” Status After Forum Non Conveniens Dismissal; Rule 41(d) Cost Awards Are Discretionary and Unresolved as to Foreign Dismissals Introduction In Paulo v....

United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal

Date: Oct 30, 2025

United States v. Raniere: Second Circuit Reaffirms Strict Standards for Rule 33 “Newly Discovered Evidence,” No Freestanding Post‑Judgment Discovery Right, and the High Bar for Judicial Recusal...

When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025)

Date: Oct 30, 2025

When a Conspiracy Acquittal Necessarily Rejects the Core Factual Theory, Double Jeopardy Bars Retrial on Substantive Counts — United States v. Cole (2d Cir. 2025) Introduction In United States v....

Murray v. Miranda: Eleventh Circuit Forecloses Bivens Damages for Federal Prison Medical-Indifference Claims Where BOP Grievance Procedures Exist

Date: Oct 30, 2025

Murray v. Miranda: Eleventh Circuit Forecloses Bivens Damages for Federal Prison Medical-Indifference Claims Where BOP Grievance Procedures Exist Introduction In this unpublished, non-argument...

Ratification, Not Mere Approval: Eleventh Circuit Clarifies Monell Pleading Against Florida School Boards and Confirms Supplemental Jurisdiction Discretion After Dismissal (Post‑Royal Canin)

Date: Oct 30, 2025

Ratification, Not Mere Approval: Eleventh Circuit Clarifies Monell Pleading Against Florida School Boards and Confirms Supplemental Jurisdiction Discretion After Dismissal (Post‑Royal Canin)...

Certified Uncertainties in Florida Proceedings Supplementary: Eleventh Circuit Sends Five Determinative Questions on § 56.29 Remedies, FUFTA Limitations, and Tolling to the Florida Supreme Court

Date: Oct 30, 2025

Certified Uncertainties in Florida Proceedings Supplementary: Eleventh Circuit Sends Five Determinative Questions on § 56.29 Remedies, FUFTA Limitations, and Tolling to the Florida Supreme Court...

Detaining a Probationer on a Post-Bond Hold Without a Prompt Morrissey Hearing Plausibly Violates Due Process; Jail Administrators May Be Liable for Continuing Unlawful Detention (Johnson v. Tims, 7th Cir. 2025)

Date: Oct 30, 2025

Detaining a Probationer on a Post-Bond Hold Without a Prompt Morrissey Hearing Plausibly Violates Due Process; Jail Administrators May Be Liable for Continuing Unlawful Detention Nonprecedential...

No “U‑Turns” After 120 Days: First Circuit Holds MSPB Jurisdiction Controls Mixed‑Case Review and Erroneous Agency FADs Cannot Revive Expired Deadlines

Date: Oct 30, 2025

No “U‑Turns” After 120 Days: First Circuit Holds MSPB Jurisdiction Controls Mixed‑Case Review and Erroneous Agency FADs Cannot Revive Expired Deadlines Introduction In Irizarry Sierra v. Bisignano,...

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest

Date: Oct 30, 2025

Absconding Is Not a Waiver of the Presentence Investigation: West Virginia Clarifies Rule 32’s Conjunctive Requirements in State v. DePriest Court: Supreme Court of Appeals of West Virginia Date:...

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest

Date: Oct 30, 2025

Absconding Does Not Waive the Right to a Presentence Investigation: The Conjunctive Rule 32(b)(1) Mandate in State v. DePriest Introduction In State of West Virginia v. James Carroll DePriest, the...

Green Room v. Wyoming: No Private Right Under the 2018 Farm Bill; State Delta‑8/“Psychoactive” Hemp Restrictions Survive Preemption, Dormant Commerce Clause, Takings, and Vagueness Challenges

Date: Oct 30, 2025

Green Room v. Wyoming: No Private Right Under the 2018 Farm Bill; State Delta‑8/“Psychoactive” Hemp Restrictions Survive Preemption, Dormant Commerce Clause, Takings, and Vagueness Challenges...

Neeley v. Long: Tenth Circuit Reaffirms Rare Availability of Equitable Tolling for AEDPA Timeliness and Declines to Ground COA Denial on Firm-Waiver Rule

Date: Oct 30, 2025

Neeley v. Long: Tenth Circuit Reaffirms Rare Availability of Equitable Tolling for AEDPA Timeliness and Declines to Ground COA Denial on Firm-Waiver Rule Introduction In Neeley v. Long, No. 25-1131...

Tenth Circuit Closes the “Impeachment” Workaround: Rule 412 Bars Using a Child Victim’s Sexualized Online Fantasies for General Credibility Attacks; Constitutional Exception Limited to Bias or Motive

Date: Oct 30, 2025

Tenth Circuit Closes the “Impeachment” Workaround: Rule 412 Bars Using a Child Victim’s Sexualized Online Fantasies for General Credibility Attacks; Constitutional Exception Limited to Bias or Motive...

Official Release and Oath Administration for the July 2025 Ohio Bar Examination: Non‑Precedential Administrative Action of the Supreme Court of Ohio

Date: Oct 30, 2025

Official Release and Oath Administration for the July 2025 Ohio Bar Examination: Non‑Precedential Administrative Action of the Supreme Court of Ohio Introduction In 2025-Ohio-4877 (Administrative...

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates

Date: Oct 30, 2025

Supreme Court of Appeals of West Virginia Affirms De Novo Authority Over Stipulated Violations and Clarifies Which Judicial Conduct Rules Apply to Appointive Candidates Introduction In In the Matter...

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial

Date: Oct 30, 2025

Search-Incident-to-Arrest Valid Despite CAD Timestamp Discrepancy; Suspect-Assisted Retrieval of Concealed Contraband Is Non‑Testimonial Introduction In State of West Virginia v. Roderick Levi Howard...

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso

Date: Oct 30, 2025

De Novo Means De Novo: West Virginia High Court Refuses to Be Bound by Disciplinary Stipulations and Clarifies Status-Specific Reach of Judicial Conduct Rules in In re Boso Introduction In a...

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application-of-the-sixth-amendment& Case Commentaries

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