balancing-first-amendment-rights- Case Commentaries

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices

Date: Oct 31, 2026

Higher Representation Costs Alone Do Not Establish Lawyers’ Standing to Challenge Immigration Disclosure Practices Case: Greater Boston Legal Services v. U.S. Dep't of Homeland Security Court: United...

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges

Date: Oct 31, 2026

United States v. Newton: Informed Self-Representation and Ground-Specific Preservation of Appellate Challenges Court: United States Court of Appeals for the First Circuit Decision date: October 29,...

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening

Date: Oct 31, 2026

Personal Immigration Developments Do Not Satisfy the Changed-Country-Conditions Exception to Untimely Reopening Case: Toral Baldevbhai Patel v. U.S. Attorney General Court: United States Court of...

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief

Date: Oct 31, 2026

Invited Error and Unsettled SORNA Tier Law Limit Appellate Sentencing Relief Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law

Date: Oct 31, 2026

SORNA Sentencing Appeals: Invited Error and Unsettled Tier-Classification Law Case: United States v. Octavius Durdley Court: United States Court of Appeals for the Eleventh Circuit Date: October 29,...

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction

Date: Oct 31, 2026

Fact-Only Challenges to Federal and Florida Immunity Denials Fall Outside Interlocutory Appellate Jurisdiction Case: Yolanda Lopez v. Gabriela Llanes, No. 25-12239 Court: United States Court of...

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver

Date: Oct 31, 2026

CPL 30.30(6) Preserves Review After a Guilty Plea but Does Not Override an Appeal Waiver People v Ekukpe, 2026 NY Slip Op 06378 New York Court of Appeals | October 29, 2026 This commentary addresses...

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas

Date: Oct 31, 2026

CPL 30.30(6) Applies to Pending Appeals Despite Pre-2020 Guilty Pleas Case: People v Nantan, 2026 NY Slip Op 06379 Court: New York Court of Appeals Decided: October 29, 2026 Opinion: Judge Rivera;...

Specific Objections Are Essential to Preserve Review of a Magistrate Judge’s Recommendations

Date: Oct 31, 2026

Specific Objections Are Essential to Preserve Review of a Magistrate Judge’s Recommendations Case: Hopgood v. Stancil, No. 26-1042 Court: United States Court of Appeals for the Tenth Circuit Date:...

No Constitutional Right to Typed Prison Filings: Actual Injury Is Essential to Court-Access Claims

Date: Oct 31, 2026

No Constitutional Right to Typed Prison Filings: Actual Injury Is Essential to Court-Access Claims Case: Jackson v. Cornwell, No. 26-5083 Court: United States Court of Appeals for the Tenth Circuit...

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury

Date: Oct 31, 2026

Tribal Consultation and Article III: Challenging a Clean Air Act Consent Decree Requires Concrete Injury Case: United States v. FourPoint Resources Court: United States Court of Appeals for the Tenth...

CFTC Reparations Review: Record-Based Findings and the Limits of Promotional-Bonus Claims

Date: Oct 31, 2026

CFTC Reparations Review: Record-Based Findings and the Limits of Promotional-Bonus Claims Case: Jaison Francisco v. CFTC, No. 25-3302 Court: United States Court of Appeals for the Seventh Circuit...

Reasonable Force Without an Arrest Announcement During a Shots-Fired Investigation

Date: Oct 31, 2026

Reasonable Force Without an Arrest Announcement During a Shots-Fired Investigation Case: Frances Collazo v. Otsego County, Mich. Court: United States Court of Appeals for the Sixth Circuit Date:...

Primary Duties, Not Coding or Credentials, Control the FLSA Computer-Employee Exemption

Date: Oct 31, 2026

Primary Duties, Not Coding or Credentials, Control the FLSA Computer-Employee Exemption Case: Loren Bennink v. Cincinnati Bell Telephone Company, LLC Court: United States Court of Appeals for the...

Historical Civil Confinement Supports Firearm Disarmament After an Adjudication of Mental-Illness Dangerousness

Date: Oct 31, 2026

Historical Civil Confinement Supports Firearm Disarmament After an Adjudication of Mental-Illness Dangerousness Case: United States v. Alexander Miguel Laykovich Court: United States Court of Appeals...

Unauthorized Cooperation Interviews Fall Outside Rule 410; Independent Warrants Can Preserve Seized Evidence

Date: Oct 31, 2026

Unauthorized Cooperation Interviews Fall Outside Rule 410; Independent Warrants Can Preserve Seized Evidence Case: United States v. Joshua Fortson, No. 25-3210 Court: United States Court of Appeals...

Anderson v. State: Reasonable Reliance on Existing Collision Evidence Can Defeat an Expert-Witness Ineffectiveness Claim

Date: Oct 31, 2026

Anderson v. State: Reasonable Reliance on Existing Collision Evidence Can Defeat an Expert-Witness Ineffectiveness Claim Supreme Court of Georgia · No. S26A1774 · October 27, 2026 Opinion by Justice...

Georgia County Parties Cannot Require Independent Approval for Primary-Ballot Access

Date: Oct 31, 2026

Georgia County Parties Cannot Require Independent Approval for Primary-Ballot Access CATOOSA COUNTY REPUBLICAN PARTY v. HENRY (two cases) Supreme Court of Georgia · October 27, 2026 Case Nos....

Inconsistent Jail Calls May Impeach Self-Defense; Evidence-Based Argument Does Not Require a Mistrial

Date: Oct 31, 2026

Inconsistent Jail Calls May Impeach Self-Defense; Evidence-Based Argument Does Not Require a Mistrial Case: COLLIER v. State Court: Supreme Court of Georgia Decision date: October 27, 2026 Opinion:...

No Automatic Admission of a Victim’s Criminal History in a Self-Defense Case: HOWARD v. State

Date: Oct 31, 2026

No Automatic Admission of a Victim’s Criminal History in a Self-Defense Case: HOWARD v. State Court: Supreme Court of Georgia Case: HOWARD v. State, No. S26A1087 Decision date: October 27, 2026...