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

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies

Date: Nov 1, 2025

United States v. Powell (2d Cir. 2025): Nonprecedential Guidance on Composite Surveillance Videos, Excited-Utterance Identifications, and Upward Variances in Violent Robberies Introduction This...

Second Circuit Reins in “Standard” Supervised Release Conditions: Family-Contact Restrictions Require On‑the‑Record Justification; SDNY Risk‑Notification Condition Struck; Suspicion‑Based Search Condition Upheld — United States v. Rodriguez (2d Cir. 2025)

Date: Nov 1, 2025

Second Circuit Reins in “Standard” Supervised Release Conditions: Family-Contact Restrictions Require On‑the‑Record Justification; SDNY Risk‑Notification Condition Struck; Suspicion‑Based Search...

Medication-Compliance Language May Clarify, Not Expand, an Oral Mental-Health Condition; Reasonable-Suspicion Electronic-Device Search Conditions Upheld Where the Record Shows E-Communications (United States v. Woods, 2d Cir. 2025)

Date: Nov 1, 2025

Medication-Compliance Language May Clarify, Not Expand, an Oral Mental-Health Condition; Reasonable-Suspicion Electronic-Device Search Conditions Upheld Where the Record Shows E-Communications Case:...

Chen v. Rubio: Second Circuit Limits “Mandel” Review to Cases Burdening a U.S. Citizen’s Constitutional Rights and Extends Muñoz Beyond Spouses to Parents and Siblings

Date: Nov 1, 2025

Chen v. Rubio: Second Circuit Limits “Mandel” Review to Cases Burdening a U.S. Citizen’s Constitutional Rights and Extends Muñoz Beyond Spouses to Parents and Siblings Introduction In Chen v. Rubio,...

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals Council

Date: Nov 1, 2025

Reese v. SSA: Post-Dated Mental-Health Reports Are Not Chronologically Relevant Without Pre-Decision Corroboration; De Novo Review Permits Courts to Reach Materiality Not Addressed by the Appeals...

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County

Date: Nov 1, 2025

No Backdoor via Rule 60(b)(4): Eleventh Circuit Reaffirms Law‑of‑the‑Case Limits and Imposes Rule 38 Sanctions in Foley v. Orange County Introduction In this unpublished, per curiam opinion, the U.S....

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements

Date: Nov 1, 2025

From FCHR “No Cause” to Federal Preclusion: Eleventh Circuit Bars § 1981 Claims and Reaffirms Strict Title VII Timeliness and Plausibility Requirements Introduction In Elias Makere v. Allstate...

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court” under Rule 60(d)(3)

Date: Nov 1, 2025

Eleventh Circuit Clarifies Rule 60(b)(3)’s One‑Year Clock Runs from Entry of the “Order,” Not Delayed by Rule 58’s Separate-Document Requirement; Reaffirms Exacting Standard for “Fraud on the Court”...

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases

Date: Nov 1, 2025

Prior Prostitution Does Not Defeat Enticement or Undue-Influence Findings: Eleventh Circuit Affirms Broad Aiding-and-Abetting Liability in Minor Sex-Trafficking Cases Introduction This non-argument,...

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential: Sixth Circuit Affirms Summary Judgment in Moore v. Next Generation Hospitality

Date: Nov 1, 2025

Light-Duty Requests Are Protected ADA Activity, But Medical Proof and Comparator Evidence Remain Essential Commentary on Demond Alex Moore v. Next Generation Hospitality LLC, No. 24-4050 (6th Cir....

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4

Date: Nov 1, 2025

Kemp did not open a “back door”: Sixth Circuit reaffirms that Rule 60(b)(1) cannot revive an untimely appeal caused by counsel’s misreading of finality and Rule 4 Introduction This Sixth Circuit...

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications

Date: Nov 1, 2025

Logistics Control Equals Managerial Role: Sixth Circuit Affirms §3B1.1(c) Enhancement Based on Directing a Co-Participant Without Proof of Profit Share or Direct Communications Introduction In United...

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025)

Date: Nov 1, 2025

Victim Humiliation as a Non‑Guidelines Aggravator and Foreseeability-Based Firearm Enhancements in Carjackings: United States v. Haile (6th Cir. 2025) Court: U.S. Court of Appeals for the Sixth...

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease: Commentary on United States v. Korey Moody (6th Cir. Oct. 29, 2025)

Date: Nov 1, 2025

Adequate Prison Care and § 3553(a) Balancing Can Defeat Compassionate Release Even for End-Stage Organ Disease Commentary on United States v. Korey Moody, No. 24-4095 (6th Cir. Oct. 29, 2025) (Not...

“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta

Date: Nov 1, 2025

“Just to Be Safe” Is Not Reasonable Suspicion: The Tenth Circuit Narrows Terry Frisks and Rejects Hypothetical Protective Sweeps in United States v. Huerta Introduction In United States v. Huerta,...

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors

Date: Nov 1, 2025

Eleventh Circuit Clarifies Limits on Ancillary Enforcement: No Rule 69/Section 56.29 Constructive-Trust Proceedings Against Non‑Judgment Debtors Introduction This appeal arises at the intersection of...

Acceptance ≠ Interchangeability: Seventh Circuit Holds ABPN’s MOC Is Not a CME Substitute for Antitrust Tying Purposes

Date: Nov 1, 2025

Acceptance ≠ Interchangeability: Seventh Circuit Holds ABPN’s MOC Is Not a CME Substitute for Antitrust Tying Purposes Introduction In Emily Elizabeth Lazarou v. American Board of Psychiatry and...

Seventh Circuit Holds Rule 35(b)(1)’s One-Year Deadline Is a Waivable Claim-Processing Rule; District Courts May Weigh Frivolous Postconviction Litigation When Fixing Substantial-Assistance Reductions

Date: Nov 1, 2025

Rule 35(b)(1)’s One-Year Deadline Is a Waivable Claim-Processing Rule; District Courts May Weigh Frivolous Postconviction Litigation When Fixing Substantial-Assistance Reductions Introduction In...

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025)

Date: Oct 31, 2025

Claim Preclusion Applies to Malpractice Claims Against Opposing Counsel as Privies When Based on the Same Transaction: Commentary on Zirvi v. Illumina, Inc. (3d Cir. 2025) Introduction In this...

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship

Date: Oct 31, 2025

Compassionate Release Is Not a Backdoor § 2255: Third Circuit Clarifies Limits on Ruan-Based Trial Error, Parental Caregiving, and Medical Hardship Case: United States v. William O’Brien, III, No....

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