balancing-confrontation-rights-and- Case Commentaries

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement

Date: Sep 12, 2026

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement Court: Supreme Court of Georgia | Date: September 9, 2026 | Posture: State appeal...

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression

Date: Sep 12, 2026

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression 1. Introduction In...

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus

Date: Sep 12, 2026

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus Case: State ex rel. Hilgers v. Weber, 322 Neb. 227...

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below

Date: Sep 12, 2026

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below Case: NEELY v. PARSELL (Supreme Court of Georgia, Sept. 9, 2026) Posture: Writ of...

Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists

Date: Sep 12, 2026

Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists 1. Introduction Case: IFG Port Holdings,...

Recorded LLC Filings Alone Do Not Start the Limitations Clock When Fiduciary Concealment and Conflicting Tax Records Support Discovery-Rule Tolling

Date: Sep 12, 2026

Recorded LLC Filings Alone Do Not Start the Limitations Clock When Fiduciary Concealment and Conflicting Tax Records Support Discovery-Rule Tolling Introduction In Hudson Revocable Trust v. Freedom...

Therapist-Driven Suspension of Parent-Child Visitation May Still Satisfy “Reasonable Efforts”; Ineffective-Assistance Claims Require a Showing of Prejudice in Montana TPR Appeals

Date: Sep 12, 2026

Therapist-Driven Suspension of Parent-Child Visitation May Still Satisfy “Reasonable Efforts”; Ineffective-Assistance Claims Require a Showing of Prejudice in Montana TPR Appeals Introduction Matter...

Untimely Guilty-Plea Withdrawal in Montana Requires an Evidence-Supported Innocence Claim—Suppression and Non-Innocence IAC Theories Do Not Trigger the Miscarriage-of-Justice Exception

Date: Sep 12, 2026

Untimely Guilty-Plea Withdrawal in Montana Requires an Evidence-Supported Innocence Claim—Suppression and Non-Innocence IAC Theories Do Not Trigger the Miscarriage-of-Justice Exception 1....

New Political Party Nominees Are Governed by § 32-621, Not Disqualified by § 32-616(1)

Date: Sep 12, 2026

New Political Party Nominees Are Governed by § 32-621, Not Disqualified by § 32-616(1) Case: Nebraska Democratic Party v. Evnen, 322 Neb. 217 (Sept. 8, 2026) Court: Supreme Court of Nebraska...

Safety-Valve Eligibility Requires Independent Judicial Factfinding (Not a Jury Verdict), but Deference Error May Be Harmless

Date: Sep 12, 2026

Safety-Valve Eligibility Requires Independent Judicial Factfinding (Not a Jury Verdict), but Deference Error May Be Harmless Case: United States v. Roxanna Flores-Alvarado (11th Cir. Sept. 8, 2026)...

CGIA Emergency-Vehicle Immunity Turns on a Disjunctive “Lights-or-Siren” Showing, and the District Court Must Find Whether the Siren Was Used

Date: Sep 12, 2026

CGIA Emergency-Vehicle Immunity Turns on a Disjunctive “Lights-or-Siren” Showing, and the District Court Must Find Whether the Siren Was Used 1. Introduction Murphy v. Marlow (10th Cir. Sept. 8,...

Open-Air Canine Sniffs of Vehicles Are Not Fourth Amendment “Searches” Despite Potentially Lawful Odors; Pre-Contact Alert Supplies Probable Cause for Any Trespassory Sniff

Date: Sep 12, 2026

Open-Air Canine Sniffs of Vehicles Are Not Fourth Amendment “Searches” Despite Potentially Lawful Odors; Pre-Contact Alert Supplies Probable Cause for Any Trespassory Sniff I. Introduction In United...

No ADA/Section 504 Requirement for an IDEA-Style Manifestation Determination Before Denying Transfer Reenrollment; Title IX Claim Waived When Omitted from Statement of Claims

Date: Sep 12, 2026

No ADA/Section 504 Requirement for an IDEA-Style Manifestation Determination Before Denying Transfer Reenrollment; Title IX Claim Waived When Omitted from Statement of Claims I. Introduction E.W. v....

Unpublished Fifth Circuit: Under Lindke, a Legislator’s Social-Media Blocking Is Not “State Action” Absent Written Law or Force-of-Law Custom Authorizing Speech for the State

Date: Sep 12, 2026

Unpublished Fifth Circuit: Under Lindke, a Legislator’s Social-Media Blocking Is Not “State Action” Absent Written Law or Force-of-Law Custom Authorizing Speech for the State I. Introduction Case:...

Grades Are Not Dispositive Under IDEA: Separate Core Instruction Permitted When Extensive Supports Still Fail to Deliver Meaningful Progress in the Least Restrictive Environment

Date: Sep 12, 2026

Grades Are Not Dispositive Under IDEA: Separate Core Instruction Permitted When Extensive Supports Still Fail to Deliver Meaningful Progress in the Least Restrictive Environment 1. Introduction W.H....

Delaware Reaffirms Bridgeville Intermediate Scrutiny for Article I, § 20 and Declines Bruen’s History-and-Tradition Test

Date: Sep 12, 2026

Delaware Reaffirms Bridgeville Intermediate Scrutiny for Article I, § 20 and Declines Bruen’s History-and-Tradition Test I. Introduction Case: Delaware Department of Safety and Homeland Security v....

Hoskin v. Wall: Rule 52(c) Bench-Trial Judgment on Partial Findings Requires Admissible Proof, Preserved Evidentiary Error, and Cohesive Appellate Briefing

Date: Sep 12, 2026

Hoskin v. Wall: Rule 52(c) Bench-Trial Judgment on Partial Findings Requires Admissible Proof, Preserved Evidentiary Error, and Cohesive Appellate Briefing Nonprecedential posture. The Court...

Reaffirmation of Little/Johnston: Appellate Courts Must Review Contested Evidence In Camera Before Assessing Exculpatory Value in Post-Conviction Litigation

Date: Sep 12, 2026

Reaffirmation of Little/Johnston: Appellate Courts Must Review Contested Evidence In Camera Before Assessing Exculpatory Value in Post-Conviction Litigation Case: Mathis v. State, 2026 MT 211 (Mont....

Therapy-Based Visitation Pauses and Late-Stage Compliance Do Not Defeat Termination After Prolonged Out-of-Home Placement (Mont. YINC)

Date: Sep 12, 2026

Therapy-Based Visitation Pauses and Late-Stage Compliance Do Not Defeat Termination After Prolonged Out-of-Home Placement (Mont. YINC) Case: Matter of H.T., S.T., & D.L., YINCC, 2026 MT 213N (Mont....

Defendant’s Motion to Reset Trial “at the Court’s Earliest Convenience” Constitutes a Postponement that Defeats § 46-13-401(2) Six-Month Dismissal

Date: Sep 12, 2026

Defendant’s Motion to Reset Trial “at the Court’s Earliest Convenience” Constitutes a Postponement that Defeats § 46-13-401(2) Six-Month Dismissal Introduction State v. J. Kelly (Mont. Sup. Ct. 2026...