Eleventh Circuit: In § 3582(c)(2) Amendment 821 Proceedings, District Courts May Deny Relief Based on § 3553(a) and Consider Evasive/Jettisoning Conduct Without a § 3C1.1 Enhancement Case: United...
Materiality Limits on Late-Disclosed Interview Memos, Tailored Post‑Trial Discovery, and Conservative Sampling-Based Loss in Tax-Refund Check‑Cashing Fraud 1. Introduction United States v. Thomas...
Backend Check-Processing as Wire-Fraud/Identity-Theft Participation; Narrow Brady/Giglio Materiality; Sampling-Based Loss Upheld with Conservative Discount (11th Cir.) Case: United States v. Thomas...
Permissive Deliberate-Ignorance Language That Mismentions “Intent” Does Not Create an Unconstitutional Presumption When the Charge as a Whole Preserves the State’s Burden Case: Victor Grullon v....
Reinstatement of a Revoked Professional License as Prospective Relief Under Ex parte Young; Younger Abstention Ends When State Review Concludes 1. Introduction In Gardner v. State of New Mexico (10th...
Rule 16(a)(1)(G) Rebuttal Disclosures Are Limited to Countering Timely-Disclosed Defense Expert Opinions Case: United States v. Crow (No. 24-1377) Court: U.S. Court of Appeals for the Tenth Circuit...
Guidelines Calculation Plus Individualized Explanation Satisfies § 3553(a)(6) in Upward-Variance Sentencing (JSIN Data Not Required): United States v. Miranda-Espinoza 1. Introduction In United...
Vance v. Aldrich (10th Cir. 2026): Generally Applicable “Red-Flag” Non-Enforcement Policies Are Not Affirmative State-Created Danger; Colorado CPLA Exclusively Governs On-Premises Mass-Shooting...
Fabrication, Malicious Prosecution, and Brady Claims Fail Where Probable Cause Exists and “Suppressed” Facts Were Disclosed or Nonexistent I. Introduction In Kevin Lackey v. L.T. Hurley (6th Cir....
Amended Complaint Controls Federal-Officer Removal: Express Disclaimers Eliminating Federal-Contractor Theories Require Remand 1. Introduction Linda Horton, individually and as executrix of the...
Kentucky “Professional Services” Exclusion: Focus on the Act, Not Licensure—Regulated Behavioral Restraints Are Professional Services for Indemnity Case: Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
Act-Based “Professional Services” in Kentucky Insurance Law: Behavioral-Health Restraints (ESI) Trigger CGL Professional-Services Exclusion 1. Introduction Scottsdale Ins. Co. v. Seven Cntys. Servs.,...
OCGA § 24-14-6 Is Inapplicable Where Any Direct Evidence Exists; No Ineffective Assistance for Declining Unmerited Juror-Striking or Voluntary Manslaughter Requests 1. Introduction In Grace v. State...
Kennedy v. State (Ga. 2026): Assumed Cell-Phone Warrant Particularity Error Deemed Harmless When Digital Evidence Is Cumulative and Proof of Guilt Is Strong 1. Introduction In Kennedy v. State, the...
Previously “Merged” (Concurrent) Sentences Cannot Be “Unmerged” by Later Silence in a Subsequent Judgment 1. Introduction Gillian v. Salmonsen (Mont. Sept. 8, 2026) is a Montana Supreme Court habeas...
Therapist-Informed Visitation Limits May Still Satisfy “Reasonable Efforts,” and Ineffective Assistance Requires a Showing of Prejudice in Montana YINC Terminations Introduction Matter of H.T., S.T.,...
Prior Drug-and-Gun Traffic Stops as Intrinsic Proof of a VICAR Enterprise’s Racketeering and Interstate-Commerce Nexus Case: United States v. Octavius Ferguson (consolidated appeals involving...
Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30 1. Introduction In SC Public Interest Foundation v. Oconee County...
Digital Location/Search Data Can Provide “Slight” Corroboration of an Accomplice, and Silence Constitutes Implied Consent to a Hung-Jury Mistrial Case: Ash v. State Court: Supreme Court of Georgia...
Blackmon v. State: No Strickland Relief Without a Clear Objection Basis or a Concrete Proffer of “Poisoning” Defense Evidence 1. Introduction In Blackmon v. State (Supreme Court of Georgia, Sept. 9,...