balancing-confrontation-rights-and- Case Commentaries

DSM Text Revisions Count as the “Most Recently Published Edition”; PTSD Presumption Rebuttal Is Not Limited to IPEs and Outdated-DSM IPEs Are Weighable Evidence

Date: Jul 23, 2026

DSM Text Revisions Count as the “Most Recently Published Edition”; PTSD Presumption Rebuttal Is Not Limited to IPEs and Outdated-DSM IPEs Are Weighable Evidence 1. Introduction In Nicholas Rowe v....

Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry

Date: Jul 23, 2026

Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry Introduction Charles Friend v. City of Decatur, Illinois (7th Cir. July...

Montana’s 2026 Rule: Documented Random, Proximate Judge Reassignment and Strict Timing/Fee Controls for District Judge Substitution (§ 3-1-804, MCA)

Date: Jul 23, 2026

Montana’s 2026 Rule: Documented Random, Proximate Judge Reassignment and Strict Timing/Fee Controls for District Judge Substitution (§ 3-1-804, MCA) 1. Introduction In re Revised Rules on...

Counterman Does Not Invalidate Montana’s Threatening-an-Officer Statute Where It Requires Purposeful/Knowing Threats, and 911-Driven Domestic-Disturbance Exigency Can Justify Warrantless Entry Despite a Demand to Leave

Date: Jul 23, 2026

Counterman Does Not Invalidate Montana’s Threatening-an-Officer Statute Where It Requires Purposeful/Knowing Threats, and 911-Driven Domestic-Disturbance Exigency Can Justify Warrantless Entry...

Reversal of a Conditional Federal Habeas Writ Extinguishes Substitution Rights and Permits Reinstatement of a Vacated Montana Conviction—But Only After the Defendant Is Heard

Date: Jul 23, 2026

Reversal of a Conditional Federal Habeas Writ Extinguishes Substitution Rights and Permits Reinstatement of a Vacated Montana Conviction—But Only After the Defendant Is Heard Case: State v. K....

Diligent ICWA Inquiry Is Satisfied by Prompt Notice and Conclusive Tribal Responses; Speculative Parole Date Does Not Establish Ineffective Assistance or Defeat Termination Under § 41-3-609(4)(c), MCA

Date: Jul 23, 2026

Diligent ICWA Inquiry Is Satisfied by Prompt Notice and Conclusive Tribal Responses; Speculative Parole Date Does Not Establish Ineffective Assistance or Defeat Termination Under § 41-3-609(4)(c),...

Discovery Is Not GRE 404(b) Notice: Failure to Provide Requested Notice Renders Other-Acts Evidence Inadmissible and Can Require Reversal

Date: Jul 23, 2026

Discovery Is Not GRE 404(b) Notice: Failure to Provide Requested Notice Renders Other-Acts Evidence Inadmissible and Can Require Reversal Case: People of Guam v. Philips James Sablan, Cite: 2026 Guam...

Bus Aide Assignment and Student-Supervision Methods Are Discretionary Under Delaware’s Tort Claims Act; Special-Needs Regulations Do Not Create a Ministerial Hiring/Placement Duty

Date: Jul 23, 2026

Bus Aide Assignment and Student-Supervision Methods Are Discretionary Under Delaware’s Tort Claims Act; Special-Needs Regulations Do Not Create a Ministerial Hiring/Placement Duty 1. Introduction In...

“A Deadly Weapon” Means One Weapon: Separate § 1448 Convictions for Each Firearm (and Ammunition) Possessed by a Person Prohibited

Date: Jul 23, 2026

“A Deadly Weapon” Means One Weapon: Separate § 1448 Convictions for Each Firearm (and Ammunition) Possessed by a Person Prohibited Case: Abbott v. State (Del. Supr. July 21, 2026) | Court: Supreme...

Reliable Foundation Required for Expert Future Lost-Wage Projections; Narrow Admission of Stale Dishonesty Convictions Under D.R.E. 609(b) When Credibility Is Central

Date: Jul 23, 2026

Reliable Foundation Required for Expert Future Lost-Wage Projections; Narrow Admission of Stale Dishonesty Convictions Under D.R.E. 609(b) When Credibility Is Central Case: Willie L. Bowman v....

Unpublished Sixth Circuit: Stroke Misdiagnosis, “More Than Negligence,” and Reasonable Deference to Jail Medical Staff Defeat Fourteenth Amendment Deliberate-Indifference Claims

Date: Jul 22, 2026

Unpublished Sixth Circuit: Stroke Misdiagnosis, “More Than Negligence,” and Reasonable Deference to Jail Medical Staff Defeat Fourteenth Amendment Deliberate-Indifference Claims 1. Introduction In...

Harmless Drug-Quantity Disputes and Sufficient Explanation for Rejecting Methamphetamine “Ice” Policy Variances in Within-Guidelines Sentencing

Date: Jul 22, 2026

Harmless Drug-Quantity Disputes and Sufficient Explanation for Rejecting Methamphetamine “Ice” Policy Variances in Within-Guidelines Sentencing I. Introduction In United States v. Jason Demyers (6th...

Force-to-Handcuff After a Prolonged Chase: “Active Resistance” and Full-Context Reasonableness Defeat Excessive-Force Claims (and Experts Cannot Opine on Constitutionality)

Date: Jul 22, 2026

Force-to-Handcuff After a Prolonged Chase: “Active Resistance” and Full-Context Reasonableness Defeat Excessive-Force Claims (and Experts Cannot Opine on Constitutionality) Case: Jared Kennedy v....

Article III Standing Bars Mandamus/APA Suits Seeking to Compel HHS Enforcement of the ACA Provider Nondiscrimination Provision Absent Non-Speculative Causation and Redressability

Date: Jul 22, 2026

Article III Standing Bars Mandamus/APA Suits Seeking to Compel HHS Enforcement of the ACA Provider Nondiscrimination Provision Absent Non-Speculative Causation and Redressability Introduction In Am....

Warrantless Entry Authority of Game Commission Officers: Unconstitutional as Applied to Posted Open Fields, Not Facially Invalid, and Severable Under 1 Pa.C.S. § 1925

Date: Jul 22, 2026

Warrantless Entry Authority of Game Commission Officers: Unconstitutional as Applied to Posted Open Fields, Not Facially Invalid, and Severable Under 1 Pa.C.S. § 1925 1. Introduction Punxsutawney...

Confirmed Plan Bars Post-Effective-Date Revocation of Expedited Distribution Elections

Date: Jul 22, 2026

Confirmed Plan Bars Post-Effective-Date Revocation of Expedited Distribution Elections 1. Introduction This Third Circuit decision arises out of the Boy Scouts of America and Delaware BSA, LLC...

Tenth Circuit: No Sua Sponte Competency Exam Absent Reason to Doubt; No Ineffective-Assistance Claim Against Standby Counsel Where Defendant Controls Defense

Date: Jul 22, 2026

Tenth Circuit: No Sua Sponte Competency Exam Absent Reason to Doubt; No Ineffective-Assistance Claim Against Standby Counsel Where Defendant Controls Defense 1. Introduction In United States v. Egli...

Disbarment for Social-Media Intimidation and Doxing of Judges and Justice Officials in Connected Proceedings

Date: Jul 22, 2026

Disbarment for Social-Media Intimidation and Doxing of Judges and Justice Officials in Connected Proceedings 1. Introduction Connie Reguli v. Board of Professional Responsibility of the Supreme Court...

Whistleblower Causation at Summary Relief: “Some Evidence” of a Contributory Link Suffices; Alternative Motives Are a Defense-Stage Question

Date: Jul 22, 2026

Whistleblower Causation at Summary Relief: “Some Evidence” of a Contributory Link Suffices; Alternative Motives Are a Defense-Stage Question Case: Adams, A., Aplt. v. AG (Albert Adams, Jr. v....

Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles

Date: Jul 22, 2026

Objective, Committee-Based Justification Suffices for ADA Fitness-for-Duty Exams in Patient-Safety Roles I. Introduction In Joseph Christophe Isaac Robitaille v. Trinity Health Grand Rapids, the...