balancing-confrontation-rights-and- Case Commentaries

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...

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance

Date: Oct 28, 2026

General Objections Do Not Preserve Sentencing-Explanation Claims; Individualized Aggravation Can Justify a Statutory-Maximum Variance Case: United States v. Williams, No. 24-7073 Court: United States...

Breach Without Proven Loss: Consistent Defense Verdicts and Limits on Contractual Fee Shifting

Date: Oct 28, 2026

Breach Without Proven Loss: Consistent Defense Verdicts and Limits on Contractual Fee Shifting Case: Indeck Power Equipment Company v. Ashley Energy LLC Court: United States Court of Appeals for the...

Prison Disciplinary Due Process: Delivering a Conduct Report Does Not Establish Hearing-Officer Bias

Date: Oct 28, 2026

Prison Disciplinary Due Process: Delivering a Conduct Report Does Not Establish Hearing-Officer Bias Case: Jeffrey Leiser v. John Bretzel, No. 25-2424 Court: United States Court of Appeals for the...

Cancellation of Removal: Age-at-Decision Eligibility, Harmless Error, and the Limits of Hardship Review

Date: Oct 28, 2026

Cancellation of Removal: Age-at-Decision Eligibility, Harmless Error, and the Limits of Hardship Review Case: Miguel Saldana-Yadaicela v. Todd Blanche Court: United States Court of Appeals for the...

A Lower Penalty Does Not Cure a Formal Drug-Type Amendment to an Indictment

Date: Oct 28, 2026

A Lower Penalty Does Not Cure a Formal Drug-Type Amendment to an Indictment Commentary on United States v. Tavaryyuan Johnson United States Court of Appeals for the Sixth Circuit, No. 25-3691 Decided...

CACFP Termination: Meaningful Consideration of Corrective Action and Sufficient Technical Assistance

Date: Oct 28, 2026

CACFP Termination: Meaningful Consideration of Corrective Action and Sufficient Technical Assistance Case: Indiana Department of Education v. Mt. Zion's Loving Day Care Ministry Court: Supreme Court...

Interpleader Requires Potential Multiple Liability and Cannot Extinguish Independent Claims Against an Insurance Agent

Date: Oct 28, 2026

Interpleader Requires Potential Multiple Liability and Cannot Extinguish Independent Claims Against an Insurance Agent Case: Ex parte Gulf Shores Power Sports, Inc., and Maritime Program Group, Inc.,...

Resolved Benefits Delays and Inadequately Supported Reopening Relief Leave a Section 1983 Appeal Moot

Date: Oct 28, 2026

Resolved Benefits Delays and Inadequately Supported Reopening Relief Leave a Section 1983 Appeal Moot Case: Johnson v. Reed Court: Supreme Court of Alabama Decision: October 23, 2026 Case number:...

Unchanged Guidelines Ranges and Individualized Findings Can Sustain Statutory-Maximum Sentences

Date: Oct 28, 2026

Unchanged Guidelines Ranges and Individualized Findings Can Sustain Statutory-Maximum Sentences Case: United States v. Jordan Dodd, No. 25-3557 Court: United States Court of Appeals for the Sixth...

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline

Date: Oct 28, 2026

Restitution-Only Challenges Do Not Toll AEDPA’s Federal Habeas Deadline Case: Brett Cormier v. Florida Department of Corrections Court: United States Court of Appeals for the Eleventh Circuit...

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative

Date: Oct 28, 2026

Race-Specific Campaign-Finance Challenges Become Moot When Effective Relief Ends and Recurrence Is Speculative Case: Safe Affordable Georgia, Inc. v. Chairman of the State Ethics Commission, No....

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors

Date: Oct 28, 2026

Maine’s Foreclosure-Notice Protections Extend to Matured Loans and Judicially Established Equitable Mortgagors Case: U.S. Bank Trust, N.A. v. Bowden Court: United States Court of Appeals for the...

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal

Date: Oct 28, 2026

Section 922(g)(3) Survives Facial Challenge, but Hemani Requires Reconsideration of Guilty-Plea Withdrawal Case: United States v. David Gibson Court: United States Court of Appeals for the Eleventh...

Holley v. Lepak: Hypothetical Injury from an Unpassed Ballot Initiative Does Not Establish Article III Standing

Date: Oct 28, 2026

Holley v. Lepak: Hypothetical Injury from an Unpassed Ballot Initiative Does Not Establish Article III Standing Court: United States Court of Appeals for the Tenth Circuit Decided: October 26, 2026...

Written Plea Terms Control Appeal-Waiver Exceptions for Sentences Above an Agreed Range

Date: Oct 28, 2026

Written Plea Terms Control Appeal-Waiver Exceptions for Sentences Above an Agreed Range Case: United States v. Roberts Court: United States Court of Appeals for the Tenth Circuit Date: October 26,...

Reinstatement Orders Remain Reviewable After Riley, but Equitable Tolling Requires an Extraordinary Obstacle to Timely Filing

Date: Oct 28, 2026

Reinstatement Orders Remain Reviewable After Riley, but Equitable Tolling Requires an Extraordinary Obstacle to Timely Filing Case: Vizguerra-Ramirez v. Blanche, No. 25-9559 Court: United States...

Compilation Copyright Alone Does Not Confer Ownership of Individual Contributions

Date: Oct 27, 2026

Compilation Copyright Alone Does Not Confer Ownership of Individual Contributions Case: Center for Gestalt Development, Inc. v. Charles Bowman Court: United States Court of Appeals for the Seventh...

A State Court’s Failure to Remedy an Administrative Injury Does Not Trigger Rooker–Feldman

Date: Oct 27, 2026

A State Court’s Failure to Remedy an Administrative Injury Does Not Trigger Rooker–Feldman Case: Mary Jane Sweet Spot, LLC v. City of Blue Island Court: United States Court of Appeals for the Seventh...

Obscenity May Be Proved Without the Images: Circumstantial Evidence and Deleted Digital Media

Date: Oct 27, 2026

Obscenity May Be Proved Without the Images: Circumstantial Evidence and Deleted Digital Media Case: United States v. Dan Waeckerle, Jr. Court: United States Court of Appeals for the Seventh Circuit...