balancing-first-amendment-rights- Case Commentaries

Absolute Witness Immunity Bars a DNA-Evidence Claim Grounded Only in Trial Testimony

Date: Oct 16, 2026

Absolute Witness Immunity Bars a DNA-Evidence Claim Grounded Only in Trial Testimony Case: Sedrick Moore v. Jason Pearson Court: United States Court of Appeals for the Eleventh Circuit Date: October...

Plain-Feel Seizure: A Single Lawful Pat Can Establish Probable Cause Without Certainty

Date: Oct 16, 2026

Plain-Feel Seizure: A Single Lawful Pat Can Establish Probable Cause Without Certainty Case: United States v. Christopher Brian Grant, No. 25-12590 Court: United States Court of Appeals for the...

Preparatory Communications Can Establish Offense Commencement for the Fifteen-Year Criminal-History Lookback

Date: Oct 16, 2026

Preparatory Communications Can Establish Offense Commencement for the Fifteen-Year Criminal-History Lookback Case: United States v. Vincent Joseph Robusto Court: United States Court of Appeals for...

Political Harassment, Asylum’s Substantial-Evidence Standard, and Mandatory Exhaustion of Torture Claims

Date: Oct 16, 2026

Political Harassment, Asylum’s Substantial-Evidence Standard, and Mandatory Exhaustion of Torture Claims Case: Fidel Ernesto Armas Riveron v. U.S. Attorney General Court: United States Court of...

Interim Lawyer Suspension: Alleged Misconduct and Serious-Harm Risk Warrant a Show-Cause Response

Date: Oct 16, 2026

Interim Lawyer Suspension: Alleged Misconduct and Serious-Harm Risk Warrant a Show-Cause Response Case: Matter of the Commission on Practice (no formal complaint), concerning Tad J. Quinn Court:...

SEC Preliminary Injunctions After Starbucks: Winter’s Four Factors and Tailored Asset Freezes

Date: Oct 16, 2026

SEC Preliminary Injunctions After Starbucks: Winter’s Four Factors and Tailored Asset Freezes Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit Date: October...

SEC Preliminary Injunctions Require the Four Winter Factors, with Heightened Proof for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Four Winter Factors, with Heightened Proof for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth...

Indian Status Is a Defendant-Proved Affirmative Defense Under § 1152 When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Is a Defendant-Proved Affirmative Defense Under § 1152 When the Victim Is Indian Case: United States v. Hebert, consolidated with United States v. Ruiz, Nos. 24-7030 and 24-2128 Court:...

Uniform Record-Based Appeals from Montana’s Limited-Jurisdiction Courts: Access, Security, and Protective-Order Safeguards

Date: Oct 16, 2026

Uniform Record-Based Appeals from Montana’s Limited-Jurisdiction Courts: Access, Security, and Protective-Order Safeguards Court: Supreme Court of Montana Matter: MONTANA UNIFORM LIMITED JURISDICTION...

Bankruptcy Discharge Does Not Eliminate Foreclosure Rights: Limits on Good-Faith and Consumer-Protection Claims

Date: Oct 16, 2026

Bankruptcy Discharge Does Not Eliminate Foreclosure Rights: Limits on Good-Faith and Consumer-Protection Claims Case: Wigfall-Campbell v. Community Loan Servicing Court: United States Court of...

Untimely Habeas Petitions: Missing-Evidence Allegations Do Not Substitute for New Reliable Evidence of Innocence

Date: Oct 16, 2026

Untimely Habeas Petitions: Missing-Evidence Allegations Do Not Substitute for New Reliable Evidence of Innocence Case: Williams v. Tinsley, No. 25-6175 Court: United States Court of Appeals for the...

Credible Gang Threats Do Not Alone Establish Governmental Inability or Unwillingness to Protect

Date: Oct 16, 2026

Credible Gang Threats Do Not Alone Establish Governmental Inability or Unwillingness to Protect Case: Gerson Gerardo Rosales-Camaja v. Todd Blanche Court: United States Court of Appeals for the Sixth...

Insurance Rescission and Claim Preclusion: Related Contract Claims Are Barred, While Negligence Requires an Independent Duty

Date: Oct 16, 2026

Insurance Rescission and Claim Preclusion: Related Contract Claims Are Barred, While Negligence Requires an Independent Duty Case: Michigan 32, LLC v. Travelers Ins. Co. Court: United States Court of...

General Risk-Control Approval Does Not Bar Rescission for a False Fire-Alarm Representation

Date: Oct 16, 2026

General Risk-Control Approval Does Not Bar Rescission for a False Fire-Alarm Representation Case: Northfield Ins. Co. v. Michigan 32, LLC Court: United States Court of Appeals for the Sixth Circuit...

Pretrial Diversion Is No Categorical Shield from Felon Disarmament Under the Second Amendment

Date: Oct 16, 2026

Pretrial Diversion Is No Categorical Shield from Felon Disarmament Under the Second Amendment Case: United States v. Dalonta Crudup, No. 26-5293 Court: United States Court of Appeals for the Sixth...

Rule 29 Waiver, Circumstantial Proof of Promotional Intent, and Clear-Error Review of Perjury Enhancements

Date: Oct 16, 2026

Rule 29 Waiver, Circumstantial Proof of Promotional Intent, and Clear-Error Review of Perjury Enhancements Case: United States v. Irfan Gill Court: United States Court of Appeals for the Sixth...

Recall Requires an Identifiable Legal Duty; Coordinated Bad-Faith Petitions May Justify Joint Sanctions

Date: Oct 16, 2026

Recall Requires an Identifiable Legal Duty; Coordinated Bad-Faith Petitions May Justify Joint Sanctions Case: In re Recall of Weyrich, No. 105032-1 Court: Supreme Court of Washington, En Banc Filed:...

Undefined “Sexually Exploitive Materials” Conditions Violate Due Process and Free-Speech Safeguards

Date: Oct 16, 2026

Undefined “Sexually Exploitive Materials” Conditions Violate Due Process and Free-Speech Safeguards Case: State v. Jeffries-Porter, No. 104576-0 Court: Supreme Court of Washington, en banc Filed:...

Florida Capital Review: Limited Clemency Protections and No General Escape from Postconviction Bars

Date: Oct 16, 2026

Florida Capital Review: Limited Clemency Protections and No General Escape from Postconviction Bars Cases: William Reaves v. State of Florida & William Reaves v. Secretary, Department of Corrections...

Brady Materiality Includes Suppressed Forensic Opinions Undermining the State’s Explanation of Third-Party DNA

Date: Oct 16, 2026

Brady Materiality Includes Suppressed Forensic Opinions Undermining the State’s Explanation of Third-Party DNA Case: Henry Lee Jones v. State of Florida Court: Supreme Court of Florida Case number:...