balancing-first-amendment-rights- Case Commentaries

Minnesota Felony-Murder Relief: The Prior-Decision Bar Requires Actual Resolution of the Same Issue

Date: Oct 24, 2026

Minnesota Felony-Murder Relief: The Prior-Decision Bar Requires Actual Resolution of the Same Issue Keith Hapana Crow v. State of Minnesota Supreme Court of Minnesota, No. A24-0902 Decided October...

Known Seizures and CTE Risk Do Not Establish Newly Discovered Evidence in Capital Postconviction Review

Date: Oct 24, 2026

Known Seizures and CTE Risk Do Not Establish Newly Discovered Evidence in Capital Postconviction Review Cases: Daniel Jacob Craven, Jr. v. State of Florida; Daniel Jacob Craven, Jr. v. Secretary,...

Florida Bar Rule Amendments: Targeted Advertising Exemptions, Electronic Voting Safeguards, and Professional-Status Duties

Date: Oct 24, 2026

Florida Bar Rule Amendments: Targeted Advertising Exemptions, Electronic Voting Safeguards, and Professional-Status Duties Case: In Re: Amendments to Rules Regulating The Florida Bar - Miscellaneous...

Florida Bar Admissions: Inactivation for Certain Noncompliant Applicants, Earlier Postponement Notice, and Increased Fees

Date: Oct 24, 2026

Florida Bar Admissions: Inactivation for Certain Noncompliant Applicants, Earlier Postponement Notice, and Increased Fees Case: In Re: Petition to Amend the Rules of the Supreme Court Relating to...

ICWA’s Reasonable-Doubt Standard Does Not Replace Florida’s Burden for Separate Termination Findings

Date: Oct 24, 2026

ICWA’s Reasonable-Doubt Standard Does Not Replace Florida’s Burden for Separate Termination Findings Case: S.H., in the Interest of A.H. and K.W., the children v. Department of Children and Families...

First Step Act Credits: A Disqualifying Conviction Bars Eligibility Throughout an Aggregated Prison Term

Date: Oct 23, 2026

First Step Act Credits: A Disqualifying Conviction Bars Eligibility Throughout an Aggregated Prison Term Case: Causey v. Pate, No. 25-30550 Court: United States Court of Appeals for the Fifth Circuit...

Financially Motivated Extortion, the Asylum Nexus, and Proof of Official Acquiescence Under CAT

Date: Oct 23, 2026

Financially Motivated Extortion, the Asylum Nexus, and Proof of Official Acquiescence Under CAT Case: Richard Salome-Castillo v. Attorney General United States of America Court: United States Court...

United States v. Chaney: A Clear Career-Offender Error Does Not Alone Defeat an Appeal Waiver

Date: Oct 23, 2026

United States v. Chaney: A Clear Career-Offender Error Does Not Alone Defeat an Appeal Waiver Court: United States Court of Appeals for the Fifth Circuit Date: October 19, 2026 Opinion by: Judge...

Roadside Evasion During an Ongoing Drug Conspiracy Is Nontestimonial: United States v. Brown

Date: Oct 23, 2026

Roadside Evasion During an Ongoing Drug Conspiracy Is Nontestimonial: United States v. Brown Court: United States Court of Appeals for the Fifth Circuit Date: October 20, 2026 Appeals: Nos. 25-40300...

Individualized CAT Claims, Discretionary Severance, and Appellate Briefing Waiver: Chilingarian v. Blanche

Date: Oct 23, 2026

Individualized CAT Claims, Discretionary Severance, and Appellate Briefing Waiver Case: Chilingarian v. Blanche Court: United States Court of Appeals for the Tenth Circuit Date: October 20, 2026...

Public-Employee Retaliation Claims: Public Criticism of Unauthorized Spending Need Not Be Pleaded Verbatim

Date: Oct 23, 2026

Public-Employee Retaliation Claims: Public Criticism of Unauthorized Spending Need Not Be Pleaded Verbatim Case: Stimatze v. Board of Commissioners Geary County, Kansas Court: United States Court of...

Section 1983 Claims Require Specific Facts; Jurisdictional Dismissals Must Be Without Prejudice

Date: Oct 23, 2026

Section 1983 Claims Require Specific Facts; Jurisdictional Dismissals Must Be Without Prejudice Case: Jarvis Roberts v. State of Pennsylvania, No. 25-2051 Court: United States Court of Appeals for...

Pennsylvania’s Discovery Rule: Notice of a Breach Is Not Necessarily Notice of Investment Injury

Date: Oct 23, 2026

Pennsylvania’s Discovery Rule: Notice of a Breach Is Not Necessarily Notice of Investment Injury Case: John Grove v. MML Investors Services, LLC and Massachusetts Mutual Life Insurance Company, No....

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms

Date: Oct 23, 2026

Form 1099-C Does Not Itself Cancel Mortgage Debt or Override Conditional Forgiveness Terms Case: Dworman v. PHH Mortgage Services, No. 25-1407 Court: United States Court of Appeals for the First...

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review

Date: Oct 23, 2026

Clarifying the Firearm–Drug Nexus: Supplemental Instructions and Alternative-Sentence Review Case: United States v. Michael Kendrick Court: United States Court of Appeals for the Eleventh Circuit...

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law

Date: Oct 23, 2026

Good-Faith Reliance on a Surviving Spouse’s Instructions Supports Funeral-Home Immunity Under Georgia Law Case: Raquel Downing v. Cook Brothers Funeral Directors Court: United States Court of Appeals...

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist

Date: Oct 23, 2026

Meme-Stock Evidence Must Be Weighed in Securities Class Certification: Market-Efficiency Factors Are Not a Checklist Case: Bozorgi v. Cassava Sciences Court: United States Court of Appeals for the...

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock

Date: Oct 23, 2026

A Clear Below-Deductible Denial Starts Texas Insurance Limitations; Reinspection Alone Does Not Restart the Clock Case: NFI Apartment Management, L.L.C. v. Third Coast Insurance Company Court: United...

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial

Date: Oct 23, 2026

Deceptive Roadside Statements Furthering an Ongoing Drug Conspiracy Are Nontestimonial Case: United States v. Nero, consolidated with the appeal of Quanita Sherries Brown Court: United States Court...

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts

Date: Oct 23, 2026

BIA May Screen New CAT Evidence for Reliability Without Resolving Disputed Facts Zahid v. Blanche United States Court of Appeals for the Fifth Circuit October 20, 2026 | Nos. 25-60296 and 25-60524...