balancing-confrontation-rights-and- Case Commentaries

Sixth Circuit Rejects Standalone Review of Reasonable-Fear Decisions Without a Challenge to a Final Removal Order

Date: Oct 29, 2026

Sixth Circuit Rejects Standalone Review of Reasonable-Fear Decisions Without a Challenge to a Final Removal Order Case: Bayron Jose Castro-Fuentes v. Todd Blanche Court: United States Court of...

Tailored Prefiling Restrictions Can Satisfy Due Process Without an Evidentiary Hearing

Date: Oct 29, 2026

Tailored Prefiling Restrictions Can Satisfy Due Process Without an Evidentiary Hearing Case: Susan Anne Wasserman v. Robert Beggs, No. 25-3793 Court: United States Court of Appeals for the Sixth...

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal

Date: Oct 28, 2026

Habeas Pleading Defects: Due Process Does Not Always Require Individualized Notice Before Sua Sponte Dismissal Case: Dorian Frank O'Kelley v. Warden, Georgia Diagnostic Prison Court: United States...

Government Appeals of Sentence Reductions and the Limits of Nonretroactive § 924(c) Reform

Date: Oct 28, 2026

Government May Appeal Final Sentence Reductions for Legal Error; Nonretroactive § 924(c) Reform Cannot Establish Compassionate-Release Eligibility Case: United States v. Abel Rizo Court: United...

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims

Date: Oct 28, 2026

A Broad Shareholder Forum-Selection Clause Reaches Related Fraud and Financing Claims Case: Sir George William Buckley v. Detlef Schneider Court: United States Court of Appeals for the Eleventh...

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice

Date: Oct 28, 2026

Unpreserved ACCA Different-Occasions Jury Errors Require a Showing of Prejudice Case: United States v. Alonzo B. Hill, Jr. Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver

Date: Oct 28, 2026

Firearms-Conspiracy Pleas: Record-Based Rule 11 Review and No Inherent Conflict from a Sentence-Appeal Waiver Case: United States v. Maicor Eliud Cepeda-Garcia Court: United States Court of Appeals...

Ambiguous Class Narrowing Does Not End American Pipe Tolling

Date: Oct 28, 2026

Ambiguous Class Narrowing Does Not End American Pipe Tolling Case: Bien v. Union Pacific Court: United States Court of Appeals for the Fifth Circuit Decided: October 26, 2026 Opinion by: Judge Jerry...

National-Origin Discrimination Requires Evidence of Employer Knowledge and a Connection to the Challenged Decision

Date: Oct 28, 2026

National-Origin Discrimination Requires Evidence of Employer Knowledge and a Connection to the Challenged Decision Case: Barberan v. Town of Eastchester, No. 25-894-cv Court: United States Court of...

PDVSA’s CITGO-Backed Bonds: No Article 150 Approval and No Mandatory Act-of-State Protection for Extraterritorial Invalidation

Date: Oct 28, 2026

PDVSA’s CITGO-Backed Bonds: No Article 150 Approval and No Mandatory Act-of-State Protection for Extraterritorial Invalidation Case: Petróleos de Venezuela, S.A. v. MUFG Union Bank, N.A. Court:...

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons

Date: Oct 28, 2026

Cancellation-of-Removal Hardship Review: Established Facts, Cumulative Assessment, and Adequate Agency Reasons Case: Cardenas-Gamez v. Blanche Court: United States Court of Appeals for the Tenth...

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review

Date: Oct 28, 2026

Merrill v. Seagraves: Disputed Facts Limit Qualified-Immunity Appeals and Cannot Support Pendent Review Court: United States Court of Appeals for the Tenth Circuit Date: October 27, 2026 Appeal...

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard

Date: Oct 28, 2026

Delayed Prison Dental Care: Pleading Personal Responsibility and Conscious Disregard Case: Minski v. Lewis, No. 25-3216 Court: United States Court of Appeals for the Tenth Circuit Decision date:...

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking

Date: Oct 28, 2026

Atypical Weapons Can Support a Drug-Sentencing Enhancement When the Full Record Connects Them to Trafficking Case: United States v. Barrera Court: United States Court of Appeals for the Tenth Circuit...

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence

Date: Oct 28, 2026

Section 848(e)(1)(B) Requires Intentional Conduct and Categorically Qualifies as a Crime of Violence Case: United States v. Barrett, No. 23-7086 Court: United States Court of Appeals for the Tenth...

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review

Date: Oct 28, 2026

United States v. Brown: Unobjected-to Sentencing Facts and a Supported Upward Variance Survive Anders Review Court: United States Court of Appeals for the Tenth Circuit Case: United States v. Brown,...

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: Fifteen Exploited Victims Support the Large-Number Enhancement Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court: United States Court...

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice

Date: Oct 28, 2026

Vulnerable-Victim Sentencing in Mail Fraud: Exploited Financial Need Supplies the Nexus, and Fifteen Victims Suffice Case: United States v. Hess, consolidated with the appeals of Shirley Koch Court:...

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement

Date: Oct 28, 2026

Financial Vulnerability and Fraud: A Direct Nexus, Not Inability to Detect, Governs the Vulnerable-Victim Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court:...

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement

Date: Oct 28, 2026

Direct Exploitation of Financial Hardship Supports the Large-Number-of-Vulnerable-Victims Enhancement Case: United States v. Koch, consolidated with the appeals of Megan Hess Court: United States...