balancing-first-amendment-rights- Case Commentaries

Corroborated Accomplice Eyewitness Testimony Is Direct Evidence Under Georgia Law

Date: Oct 17, 2026

Corroborated Accomplice Eyewitness Testimony Is Direct Evidence Under Georgia Law Case: McMullin v. State, No. S26A0723 Court: Supreme Court of Georgia Decided: October 14, 2026 Opinion: Justice...

Substitute Forensic Testimony: Outcome Prejudice and the Rule Against Double-Counting Identical Harm

Date: Oct 17, 2026

Substitute Forensic Testimony: Outcome Prejudice and the Rule Against Double-Counting Identical Harm Case: Owens v. State, No. S26A0817 Court: Supreme Court of Georgia Decided: October 14, 2026...

State v. Cook: Failure of Self-Authentication Alone Does Not Authorize a State Appeal

Date: Oct 17, 2026

Failure of Self-Authentication Alone Does Not Authorize a State Appeal State v. Cook, No. S26A0898, Supreme Court of Georgia, decided October 14, 2026. Opinion by Justice Pinson; all Justices...

Walker v. State: Harmless Other-Acts Error and the Credibility Prerequisite for Rule 609 Impeachment

Date: Oct 17, 2026

Walker v. State: Harmless Other-Acts Error and the Credibility Prerequisite for Rule 609 Impeachment Supreme Court of Georgia | No. S26A0937 | October 14, 2026 Opinion: Justice Bethel. All Justices...

California-Law Employment Claims: The Implied Covenant Cannot Override At-Will Terms, Duplicate Contract Claims, or Supply Tort Remedies

Date: Oct 17, 2026

California-Law Employment Claims: The Implied Covenant Cannot Override At-Will Terms, Duplicate Contract Claims, or Supply Tort Remedies Case: Grubmarket, Inc. v Thai, 2026 NY Slip Op 05940 Court:...

FOIL: Post-Suit Disclosure May Moot Production Without Defeating Attorney’s Fees

Date: Oct 17, 2026

FOIL: Post-Suit Disclosure May Moot Production Without Defeating Attorney’s Fees Case: Matter of Aron Law, PLLC v Town of Hempstead, 2026 NY Slip Op 05950 Court: Appellate Division, Second Department...

Ladder Detachment Under Labor Law § 240(1): Prior Incident-Free Use Does Not Defeat Liability

Date: Oct 17, 2026

Ladder Detachment Under Labor Law § 240(1): Prior Incident-Free Use Does Not Defeat Liability Case: Soutar v City of New York, 2026 NY Slip Op 05986 Court: Supreme Court of the State of New York,...

Probable Cause and Independent Police Judgment Limit Arrest-Related and Municipal Liability

Date: Oct 17, 2026

Probable Cause and Independent Police Judgment Limit Arrest-Related and Municipal Liability Case: Tullis v City of Yonkers, 2026 NY Slip Op 05987 Court: Supreme Court of New York, Appellate Division,...

State v. Pendleton: Minimal Canine Contact Requires Meaningful Interference to Become a Trespassory Search

Date: Oct 17, 2026

State v. Pendleton: Minimal Canine Contact Requires Meaningful Interference to Become a Trespassory Search Supreme Court of Idaho | October 14, 2026 | Docket No. 53539 Disposition: Suppression order...

Good Cause for Motor Vehicle Franchise Termination Must Be Assessed at the Time of Decision

Date: Oct 17, 2026

Good Cause for Motor Vehicle Franchise Termination Must Be Assessed at the Time of Decision Case: General Motors v. Nebraska Motor Vehicle Ind. Lic. Bd., 322 Neb. 578 Court: Supreme Court of Nebraska...

Candidate Standing Recognized; Inherited Domicile Defeats Facial Challenge to Nebraska’s Overseas-Voting Statute

Date: Oct 17, 2026

Candidate Standing Recognized; Inherited Domicile Defeats Facial Challenge to Nebraska’s Overseas-Voting Statute Case: Republican National Committee v. Evnen, 322 Neb. 612 (2026) Court: Supreme Court...

Nebraska Initiative Object Statements Must Identify Legal Character and Overall Purpose, Not Every Major Provision

Date: Oct 17, 2026

Nebraska Initiative Object Statements Must Identify Legal Character and Overall Purpose, Not Every Major Provision Case: Ullman v. Evnen, 322 Neb. 637 Court: Supreme Court of Nebraska Decided:...

Later-Ripening Habeas Claims Avoid the Successive-Petition Bar, but Material Sentencing Differences Defeat Equal Protection

Date: Oct 17, 2026

Later-Ripening Habeas Claims Avoid the Successive-Petition Bar, but Material Sentencing Differences Defeat Equal Protection Case: Eric D. Holmes v. Ron Neal, No. 23-2890 Court: United States Court of...

Expanded Injury Accounts and Missing Accessible Corroboration Support Denial of Immigration Relief

Date: Oct 17, 2026

Expanded Injury Accounts and Missing Accessible Corroboration Support Denial of Immigration Relief Case: Baichao Li v. Todd Blanche, No. 26-3001 Court: United States Court of Appeals for the Sixth...

Pervasive Prison Mold and Clearly Established Rights: Defendant-Specific Facts Are Essential

Date: Oct 17, 2026

Pervasive, Health-Threatening Prison Mold Violates Clearly Established Rights—But Each Official’s Deliberate Indifference Must Be Plausibly Pleaded Case: Paula Bailey v. Mich. Dep't of Corr., No....

A Locked Console Does Not Defeat the Firearm–Drug-Trafficking Enhancement When Access Is Reasonably Inferred

Date: Oct 17, 2026

A Locked Console Does Not Defeat the Firearm–Drug-Trafficking Enhancement When Access Is Reasonably Inferred Case: United States v. Tony Johnson Court: United States Court of Appeals for the Sixth...

Stalking and Threats in Asylum Claims: Substantial-Evidence Review and the Threshold for Persecution

Date: Oct 16, 2026

Stalking and Threats in Asylum Claims: Substantial-Evidence Review and the Threshold for Persecution Case: Alvarado-Hernandez v. Blanche, No. 24-1447 Court: United States Court of Appeals for the...

Minor-Role Reductions in Drug Cases: Primary Function Controls, Not Categorical Exclusions

Date: Oct 16, 2026

Minor-Role Reductions in Drug Cases: Primary Function Controls, Not Categorical Exclusions Case: United States v. Vizcaino Vizcaino Court: United States Court of Appeals for the First Circuit...

Failure to File a UCC-1 Does Not Establish Automatic Malpractice: Florida’s Fact-Specific Standard and Contractual-Assent Requirements

Date: Oct 16, 2026

Failure to File a UCC-1 Does Not Establish Automatic Malpractice: Florida’s Fact-Specific Standard and Contractual-Assent Requirements Case: Oasis Capital, LLC v. Nason, Yeager, Gerson, Harris &...

Loper Bright Does Not Revive the Treating-Physician Rule: Harner Remains Controlling in Social Security Disability Appeals

Date: Oct 16, 2026

Loper Bright Does Not Revive the Treating-Physician Rule: Harner Remains Controlling in Social Security Disability Appeals Case: Richard Rigsbee v. Social Security Administration, Commissioner Court:...