balancing-confrontation-rights-and- Case Commentaries

Household-Control and Grooming Evidence as Admissible Rule 404(b) Proof of Motive/Plan in Child Sexual-Abuse Prosecutions

Date: Jul 20, 2026

Household-Control and Grooming Evidence as Admissible Rule 404(b) Proof of Motive/Plan in Child Sexual-Abuse Prosecutions Case: Steven Randall Marler v. The State of Wyoming Citation: 2026 WY 83...

Rule 4(b)(4) Without a Motion: Seventh Circuit Requires District-Court Good-Cause/Excusable-Neglect Finding Before Dismissing a Criminal Appeal Filed Within the 30-Day Extension Window

Date: Jul 20, 2026

Rule 4(b)(4) Without a Motion: Seventh Circuit Requires District-Court Good-Cause/Excusable-Neglect Finding Before Dismissing a Criminal Appeal Filed Within the 30-Day Extension Window 1....

State v. Barker (Kan. 2026): Invited Error Requires an Affirmative Omission/Refusal of Jury Instructions; Nonrequested Lesser-Included Instructions Are Reviewed for Clear Error

Date: Jul 20, 2026

State v. Barker (Kan. 2026): Invited Error Requires an Affirmative Omission/Refusal of Jury Instructions; Nonrequested Lesser-Included Instructions Are Reviewed for Clear Error Introduction In State...

State v. Ross: Kansas Preliminary Hearings Exclude Affirmative Defenses; K.S.A. 21-5109(d) Limits Only Multiple Convictions

Date: Jul 20, 2026

State v. Ross: Kansas Preliminary Hearings Exclude Affirmative Defenses; K.S.A. 21-5109(d) Limits Only Multiple Convictions 1. Introduction In State v. Ross (Kan. July 17, 2026), the State appealed a...

Upward Variances Affirmed When District Courts Tie the Degree of Deviation to § 3553(a) and Reliably Supported Uncharged Conduct (Seventh Circuit)

Date: Jul 20, 2026

Upward Variances Affirmed When District Courts Tie the Degree of Deviation to § 3553(a) and Reliably Supported Uncharged Conduct (Seventh Circuit) 1. Introduction United States v. Travis L. Withers...

Participation Without Reservation Waives Non‑Signatory Arbitrability Objections in Labor Arbitration

Date: Jul 20, 2026

Participation Without Reservation Waives Non‑Signatory Arbitrability Objections in Labor Arbitration Introduction Elmar Hotel Management, LLC v. Unite Here Local 1 (7th Cir. July 17, 2026) concerns...

Fraud Sentencing in the Seventh Circuit: Intended-Loss Reliance on a Reliable PSR and § 2B1.1(b)(9)(A) Applied to a “Non-Existent” Government Agency

Date: Jul 19, 2026

Fraud Sentencing in the Seventh Circuit: Intended-Loss Reliance on a Reliable PSR and § 2B1.1(b)(9)(A) Applied to a “Non-Existent” Government Agency 1. Introduction United States v. Minister Zakar...

U.S.S.G. § 2B1.1(b)(9)(A) Enhancement Applies to Purported “Diplomats” of a Nonexistent Government Entity; PSR-Based Intended-Loss Findings Stand Absent “Real Doubt”

Date: Jul 19, 2026

U.S.S.G. § 2B1.1(b)(9)(A) Enhancement Applies to Purported “Diplomats” of a Nonexistent Government Entity; PSR-Based Intended-Loss Findings Stand Absent “Real Doubt” 1. Introduction In United States...

Extortion-for-Money Defeats Asylum Nexus; Child’s SIJS Does Not Reopen Parent’s Case Absent Independent Relief

Date: Jul 19, 2026

Extortion-for-Money Defeats Asylum Nexus; Child’s SIJS Does Not Reopen Parent’s Case Absent Independent Relief Case: Gladis Chavez-Pineda v. Todd W. Blanche (7th Cir. July 17, 2026) (nonprecedential)...

Agee v. Hickenbottom: Class-of-One Equal Protection Amendments Are Not Futile Unless Probable Cause Is Certain on the Pleadings

Date: Jul 19, 2026

Agee v. Hickenbottom: Class-of-One Equal Protection Amendments Are Not Futile Unless Probable Cause Is Certain on the Pleadings I. Introduction In Jacqueline Agee v. Paige Hickenbottom (7th Cir. July...

Extortion-as-Profit Motive Defeats Asylum Nexus: Seventh Circuit Affirms Denial Where “Single-Mother” PSG Evidence Does Not Show a Central Reason

Date: Jul 19, 2026

Extortion-as-Profit Motive Defeats Asylum Nexus: Seventh Circuit Affirms Denial Where “Single-Mother” PSG Evidence Does Not Show a Central Reason 1. Introduction In Gladis Chavez-Pineda v. Todd W....

Reliable PSR Controls Intended-Loss Findings and “Government-Agency” Fraud Enhancement Applies Even to a Non-Existent “Consulate” (Seventh Circuit)

Date: Jul 19, 2026

Reliable PSR Controls Intended-Loss Findings and “Government-Agency” Fraud Enhancement Applies Even to a Non-Existent “Consulate” (Seventh Circuit) 1. Introduction In United States v. Aziz Hassan Bey...

Pretrial Detainee Suicide Claims: Objective Unreasonableness Requires Evidence that a Reasonable Mental-Health Professional Would Have Acted Differently

Date: Jul 19, 2026

Pretrial Detainee Suicide Claims: Objective Unreasonableness Requires Evidence that a Reasonable Mental-Health Professional Would Have Acted Differently Introduction In Estate of Anthony Mouradian v....

Agee v. Hickenbottom: Leave to Amend Must Be Granted Unless Probable Cause (and Futility) Is Certain on the Face of the Proposed Class-of-One Equal Protection Pleading

Date: Jul 18, 2026

Agee v. Hickenbottom: Leave to Amend Must Be Granted Unless Probable Cause (and Futility) Is Certain on the Face of the Proposed Class-of-One Equal Protection Pleading I. Introduction Case:...

Armstrong Deference Confirmed for ESOP Sale Decisions Absent Conflict; Market Deal Price Anchors Fair-Market-Value and Damages

Date: Jul 18, 2026

Armstrong Deference Confirmed for ESOP Sale Decisions Absent Conflict; Market Deal Price Anchors Fair-Market-Value and Damages 1. Introduction Bruce Rush v. GreatBanc Trust Company (7th Cir. July 17,...

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement

Date: Jul 18, 2026

§2D1.1(b)(1) “Procurement-and-Proximity” Rule: Obtaining a Firearm for a Buyer En Route to a Drug Deal Supports the Dangerous-Weapon Enhancement 1. Introduction In United States v. Augusto...

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review

Date: Jul 18, 2026

Adopting a PSR and “Generally Clear” Reasons Suffice for Consecutive Sentences; No Fact-by-Fact Proof Required for §2K2.1(b)(6)(B) on Plain-Error Review Introduction In United States v. Jason Matthew...

State v. Khalif (2026-Ohio-2689) Commentary

Date: Jul 18, 2026

State v. Khalif: Noncompliant R.C. 2945.75(A)(2) Verdict Forms Remain Error, but Unobjected-to Errors Require Plain-Error Prejudice Beyond the Missing Degree/Element 1. Introduction In State v....

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts

Date: Jul 18, 2026

Permanent Injunctions Are Not “De Minimis” Success Under § 1988; Consolidation Does Not Justify Unexplained Fee Cuts Introduction Sisters for Life, Inc. v. Louisville-Jefferson Cnty. Metro. Gov’t...

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief

Date: Jul 18, 2026

Compassionate Release Requires Evidence of Caregiver Incapacitation or Unmet Specialized Medical Care; § 3553(a) Can Independently Defeat Relief I. Introduction In United States v. Kenneth Collins...