Deference to For-Cause Juror Excusals and No Appellate Relief Based on Unasked Voir Dire Questions (United States v. Ricci) 1. Introduction In United States v. Gildo Ricci (4th Cir. May 28, 2026)...
Voluntary Disclosure Participation Does Not Excuse § 7202 Trust-Fund Tax Nonpayment; Indictment May Go to Jury with Limiting Instruction 1. Introduction In United States v. Richard Brasser...
Voluntary Disclosure Participation Does Not Excuse Post-Disclosure Trust-Fund Tax Nonpayment Under 26 U.S.C. § 7202 I. Introduction In United States v. Gregory Gentner (consolidated with United...
REDA “Protected Activity” Requires More Than Internal Overtime Suggestions; Egregious Policy Breakdowns Support Immediate Termination Absent Title VII Pretext Muminatou Bah v. Sampson Bladen Oil...
U.S.S.G. § 2K2.1(c)(1) Requires Explicit Findings Linking the Firearm of Conviction to the “Other Offense” Case: United States v. Jonathan Revels (No. 23-4688) Court: U.S. Court of Appeals for the...
Administrative “First Among Equals” Status of a Chief Judge Does Not Trigger § 455(a) Recusal; Immunities and Plausibility Requirements Bar Collateral “Fraud on the Court” Suits 1. Introduction In...
Constructive Possession Proven by Coordinated Flight, Bag-Handling, and DNA Evidence; Co-Defendant Disparity Claims Fail Where Defendants Are Not Similarly Situated 1. Introduction In United States...
Constructive Possession May Be Proved by Flight, Coordinated Concealment, Video Identification, and DNA—And § 3553(a)(6) Does Not Require Co‑Defendant Parity 1. Introduction United States v. Kenan...
Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential) I. Introduction In United States v. Kenan...
Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness...
COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period 1. Introduction SLT Imports, Inc. (a New...
Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right Case: Karen Brookins v. City of Philadelphia (3d Cir. May 29, 2026)...
Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims Introduction...
Third Circuit Confirms Appellate Jurisdiction to Review Withholding-Only and CAT Denials After Riley (and Treats § 1252(b)(1) as Waivable) Case: Patria Laureano v. Attorney General United States of...
COVID-Era Courtroom Access: Overflow-Room Viewing Is a Sixth Amendment Closure Requiring Waller Findings, Yet Unobjected Violations May Be Left Unremedied on Plain-Error Review I. Introduction United...
USSG § 2T1.6 Tax-Loss Rule: Excluding Employer-Portion FICA from “Tax Not Collected or Accounted For and Paid Over” Introduction In United States v. Donna Fecondo (3d Cir. May 26, 2026)...
Freight Brokers as Non-Statutory Employers: No Vicarious Liability (and Narrow Negligence Theories) Absent Carrier Responsibility or Master–Servant Control 1. Introduction Case: Robert Allen v....
§ 2254 Habeas Is Unavailable to Contest Oklahoma Survivors’ Act (§ 1090.5) Resentencing-Request Denials as Post-Conviction Procedure Errors 1. Introduction In Parker v. Tensley (10th Cir. May 29,...
Furtive Movements + Recent POWPO Arrest + High-Crime Area Justify a Vehicle Protective Sweep and Support Automobile-Exception Probable Cause I. Introduction In People v. Baker, 589 P.3d 912 (Colo....
Anonymous Safe2Tell Tips Can Justify a Student Backpack Search When Fresh and Independently Corroborated I. Introduction In The PEOPLE of the State of Colorado, IN the INTEREST OF T.J.W.,...