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

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Date: Oct 2, 2025

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range...

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Date: Oct 2, 2025

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice Case: United States v. Jorge...

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Date: Oct 1, 2025

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Date: Oct 1, 2025

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Date: Oct 1, 2025

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

Date: Oct 1, 2025

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Date: Oct 1, 2025

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Date: Oct 1, 2025

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge

Date: Oct 1, 2025

Failure to Attend Successor Onboarding Is Not an Adverse Action by the Outgoing Employer: The Tenth Circuit’s ADA Baseline in Swepson v. Aimbridge Introduction In Swepson v. Aimbridge Employee...

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler)

Date: Oct 1, 2025

Tenth Circuit Confirms Materiality of Form 4473 Indictment Question: § 922(a)(6) Convictions Stand Because § 922(n) Is Facially Constitutional (United States v. Peavler) Note: This Order and Judgment...

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid

Date: Oct 1, 2025

No Right to Nullify Materiality: Tenth Circuit Holds False Denial of Felony Indictment on Form 4473 Is Actionable Because § 922(n) Is Facially Valid Introduction In United States v. Reilly...

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — Commentary on United States v. Ferrer‑Sosa (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — United States v. Ferrer‑Sosa (1st Cir.) Introduction This commentary...

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition

Date: Oct 1, 2025

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition Introduction This commentary examines the Seventh...

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders Dismissal

Date: Oct 1, 2025

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders...

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary Enforcement

Date: Oct 1, 2025

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts

Date: Oct 1, 2025

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts...

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment

Date: Oct 1, 2025

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment Introduction In Brent James Nash v. Austin Bryce and...

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