balancing-first-amendment-rights- Case Commentaries

No Plain-Error Relief for a Guidelines Misstatement When the Record Shows the Correct Range Controlled

Date: Oct 3, 2026

No Plain-Error Relief for a Guidelines Misstatement When the Record Shows the Correct Range Controlled Case: United States v. Rodriques Humphrey Court: United States Court of Appeals for the Eleventh...

Constructive Possession and a § 924(c) Nexus May Be Proven Through Control of Drug Premises, Trafficking Tools, and an Accessible Loaded Firearm

Date: Oct 3, 2026

Constructive Possession and a § 924(c) Nexus May Be Proven Through Control of Drug Premises, Trafficking Tools, and an Accessible Loaded Firearm Case: United States v. Javier Mares Court: United...

Knowing Tactical Failure to Raise an Available Argument Waives Appellate and Due Process Review

Date: Oct 3, 2026

Knowing Tactical Failure to Raise an Available Argument Waives Appellate and Due Process Review Case: Gemini Insurance Company v. Bausch & Lomb Americas, Inc. Court: Supreme Court of Delaware Date:...

UIM Coverage Granted to a Scheduled Individual Cannot Be Withdrawn Based on Vehicle Ownership

Date: Oct 3, 2026

UIM Coverage Granted to a Scheduled Individual Cannot Be Withdrawn Based on Vehicle Ownership Case: Natalie Ayers v. Travelers Casualty Insurance Company Court: Supreme Court of Delaware, sitting en...

Graduated Probation Sanctions Apply to Sentences Imposed After July 1, 2020, and Permit Consideration of Prior Nontechnical Violations

Date: Oct 3, 2026

Graduated Probation Sanctions Apply to Sentences Imposed After July 1, 2020, and Permit Consideration of Prior Nontechnical Violations Case: MCDANIEL (KENJUAN) v. STATE (CRIMINAL) Citation: 142 Nev.,...

Sprague River Cattle Co. v. State of Oregon: Public Records Disclosure Cannot Circumvent Civil Discovery Privileges

Date: Oct 3, 2026

Public Records Disclosure Cannot Circumvent Civil Discovery Privileges Case: Sprague River Cattle Co. v. State of Oregon, 375 Or 682 (2026) Court: Supreme Court of Oregon, En Banc Date: October 1,...

State v. Solano: Recent Contact Is Not Required for Character-for-Untruthfulness Opinion Testimony

Date: Oct 3, 2026

Recent Contact Is Not Required for Character-for-Untruthfulness Opinion Testimony Commentary on State v. Solano, 375 Or 580 (2026) Supreme Court of Oregon, En Banc — October 1, 2026 Introduction In...

Repeated Unexcused Failure to File Chapter 11 Operating Reports Constitutes Cause for Dismissal

Date: Oct 3, 2026

Repeated Unexcused Failure to File Chapter 11 Operating Reports Constitutes Cause for Dismissal Case: Johnson & Dixie, LLC v. Office of the U.S. Trustee Court: United States Court of Appeals for the...

Principal Dismissal: No Automatic Right to the Pretermination Evidence File, and Later Reporting Does Not Excuse Discouraging a Mandatory Report

Date: Oct 3, 2026

Principal Dismissal: No Automatic Right to the Pretermination Evidence File, and Later Reporting Does Not Excuse Discouraging a Mandatory Report Case: Steve Perrin v. Windham Southeast Supervisory...

Medical Battery Requires Unauthorized Treatment, Not Merely Inadequately Informed Consent

Date: Oct 3, 2026

Medical Battery Requires Unauthorized Treatment, Not Merely Inadequately Informed Consent Case: John Ford v. Marek Polomsky, MD and University of Vermont Medical Center, 2026 VT 44 Court: Supreme...

Contribution Credits in Vermont Partition Actions Are Not Subject to the Six-Year Civil Limitations Period

Date: Oct 3, 2026

Contribution Credits in Vermont Partition Actions Are Not Subject to the Six-Year Civil Limitations Period Case: Craig Wich v. Laura Corcoran, 2026 VT 47 Court: Supreme Court of Vermont Date: October...

Present Parental Fitness Cannot Replace a Reasoned, Record-Based Best-Interests Analysis

Date: Oct 2, 2026

Present Parental Fitness Cannot Replace a Reasoned, Record-Based Best-Interests Analysis After a Prior Involuntary Termination Case: Office of the Child Advocate v. Blanchester, Kaytlyn and Dylen...

Evidence-Based Alternative-Suspect Arguments May Not Be Removed from the Jury’s Consideration

Date: Oct 2, 2026

Evidence-Based Alternative-Suspect Arguments May Not Be Removed from the Jury’s Consideration Case: CARVALHO (KATRINA) v. STATE (CRIMINAL) Citation: 142 Nev., Advance Opinion 62 Court: Supreme Court...

Private Social-Media Moderation Is Not First Amendment State Action Without Government Involvement

Date: Oct 2, 2026

Private Social-Media Moderation Is Not First Amendment State Action Without Government Involvement Case: Earl James Gobin v. Satya Nadella Court: United States Court of Appeals for the Eleventh...

Nelson v. Cain: Counsel Must Seek a Mistrial When Jurors See a Shackled Defendant Outside the Courtroom and No Protective Measures Are Taken

Date: Oct 2, 2026

Counsel Must Seek a Mistrial When Jurors See a Shackled Defendant Outside the Courtroom and No Protective Measures Are Taken Case: Nelson v. Cain, 375 Or 614 (2026) Court: Supreme Court of Oregon...

State v. Humphrey: Targeted Emergency Lights Effect a Stop, While Corroborated Demographic Descriptions May Support Reasonable Suspicion

Date: Oct 2, 2026

Targeted Emergency Lights Effect a Stop, While Corroborated Demographic Descriptions May Support Reasonable Suspicion Case: State v. Humphrey, 375 Or 703 (2026) Court: Supreme Court of Oregon, en...

Admitted Drug Quantity May Determine the Guideline Range When the Sentence Remains Within the Indictment’s Statutory Range

Date: Oct 2, 2026

Admitted Drug Quantity May Determine the Guideline Range When the Sentence Remains Within the Indictment’s Statutory Range Case: United States v. Mario Rivera Court: United States Court of Appeals...

Chapter 7 Debtors May Appeal Estate-Disposition Orders Only When a Surplus or Discharge Is at Stake

Date: Oct 2, 2026

Chapter 7 Debtors May Appeal Estate-Disposition Orders Only When a Surplus or Discharge Is at Stake Case: BAMC Development Holding, LLC v. Larry S. Hyman Court: United States Court of Appeals for the...

Estate-Controlled “One-Man” Corporations Must Still Observe Corporate Formalities

Date: Oct 1, 2026

Estate-Controlled “One-Man” Corporations Must Still Observe Corporate Formalities Case: Estate of J. Clark v. Clark Court: Supreme Court of Idaho Date: October 1, 2026 Docket No.: 52701 Introduction...

Rule 60(b)(4) Void-Judgment Motions Remain Subject to a Reasonable-Time Requirement

Date: Oct 1, 2026

Rule 60(b)(4) Void-Judgment Motions Remain Subject to a Reasonable-Time Requirement Case: Raziel Ofer v. Judge Laurel M. Isicoff Court: United States Court of Appeals for the Eleventh Circuit Date:...