balancing-first-amendment-rights- Case Commentaries

No Categorical “Police Power” Exemption from Georgia’s Just Compensation Clause

Date: Sep 12, 2026

No Categorical “Police Power” Exemption from Georgia’s Just Compensation Clause 1. Introduction Blue 42 Organics, LLC v. Georgia Department of Public Safety (Supreme Court of Georgia, Sept. 9, 2026)...

Green v. State: Personal-Observation Video Testimony Is Not Hearsay; “Grave Suspicion” Charge Not Required Where Reasonable-Doubt Instructions Suffice

Date: Sep 12, 2026

Green v. State: Personal-Observation Video Testimony Is Not Hearsay; “Grave Suspicion” Charge Not Required Where Reasonable-Doubt Instructions Suffice 1. Introduction In Green v. State (Supreme Court...

Reciprocal Discipline in Georgia: Substantially Similar Suspension Required Unless GRPC 9.4(b)(3) Is Proven; Foreign “Disciplinary Authority” Rules Do Not Defeat Reciprocity

Date: Sep 12, 2026

Reciprocal Discipline in Georgia: Substantially Similar Suspension Required Unless GRPC 9.4(b)(3) Is Proven; Foreign “Disciplinary Authority” Rules Do Not Defeat Reciprocity 1. Introduction In the...

Refusal to Admit Wrongdoing Is Not an Aggravator; Knowing Client Neglect Across Multiple Matters Warrants a 12‑Month Suspension (Ga.)

Date: Sep 12, 2026

Refusal to Admit Wrongdoing Is Not an Aggravator; Knowing Client Neglect Across Multiple Matters Warrants a 12‑Month Suspension (Ga.) Case: In the Matter of Terri Sharonda Herron (Supreme Court of...

Kitchens v. State (Ga. 2026) — Unrecorded Oral Witness Statements Are Not Discoverable Under OCGA § 17-16-7; Deferential Review of Barker Remand and Gang-Act Sufficiency

Date: Sep 12, 2026

Unrecorded Oral Witness Statements Are Not Discoverable Under OCGA § 17-16-7; Deferential Review Governs Barker Remand Balancing and Gang-Act Sufficiency Case: Kitchens v. State, Supreme Court of...

Objective “Serious Provocation” Reaffirmed: No Voluntary Manslaughter Charge Where the Victim Withdraws and the Defendant Shoots Through a Closed Door; Domestic-Violence Expert Error Deemed Harmless on Overwhelming Evidence

Date: Sep 12, 2026

Objective “Serious Provocation” Reaffirmed: No Voluntary Manslaughter Charge Where the Victim Withdraws and the Defendant Shoots Through a Closed Door; Domestic-Violence Expert Error Deemed Harmless...

Prejudice Required for Guilty-Plea Ineffectiveness Claims Despite Alleged Discovery Withholding or Failure to Advise of Term-of-Court Plea Withdrawal

Date: Sep 12, 2026

Prejudice Required for Guilty-Plea Ineffectiveness Claims Despite Alleged Discovery Withholding or Failure to Advise of Term-of-Court Plea Withdrawal 1. Introduction In Orsborn, Warden v. Long...

Reynolds v. State: Harmless-Error Affirmance When Expert Is Barred from “Motive/Plan/Concealment” Labels but Gives Substantively Equivalent Insanity Testimony

Date: Sep 12, 2026

Reynolds v. State: Harmless-Error Affirmance When Expert Is Barred from “Motive/Plan/Concealment” Labels but Gives Substantively Equivalent Insanity Testimony 1. Introduction In Reynolds v. State...

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement

Date: Sep 12, 2026

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement Court: Supreme Court of Georgia | Date: September 9, 2026 | Posture: State appeal...

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression

Date: Sep 12, 2026

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression 1. Introduction In...

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus

Date: Sep 12, 2026

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus Case: State ex rel. Hilgers v. Weber, 322 Neb. 227...

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below

Date: Sep 12, 2026

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below Case: NEELY v. PARSELL (Supreme Court of Georgia, Sept. 9, 2026) Posture: Writ of...

Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists

Date: Sep 12, 2026

Constructive Knowledge Rejected: Actual Knowledge Required to Knowingly Consent to Magistrate-Judge Jurisdiction When an Undisclosed Close Friendship Exists 1. Introduction Case: IFG Port Holdings,...

Recorded LLC Filings Alone Do Not Start the Limitations Clock When Fiduciary Concealment and Conflicting Tax Records Support Discovery-Rule Tolling

Date: Sep 12, 2026

Recorded LLC Filings Alone Do Not Start the Limitations Clock When Fiduciary Concealment and Conflicting Tax Records Support Discovery-Rule Tolling Introduction In Hudson Revocable Trust v. Freedom...

Therapist-Driven Suspension of Parent-Child Visitation May Still Satisfy “Reasonable Efforts”; Ineffective-Assistance Claims Require a Showing of Prejudice in Montana TPR Appeals

Date: Sep 12, 2026

Therapist-Driven Suspension of Parent-Child Visitation May Still Satisfy “Reasonable Efforts”; Ineffective-Assistance Claims Require a Showing of Prejudice in Montana TPR Appeals Introduction Matter...

Untimely Guilty-Plea Withdrawal in Montana Requires an Evidence-Supported Innocence Claim—Suppression and Non-Innocence IAC Theories Do Not Trigger the Miscarriage-of-Justice Exception

Date: Sep 12, 2026

Untimely Guilty-Plea Withdrawal in Montana Requires an Evidence-Supported Innocence Claim—Suppression and Non-Innocence IAC Theories Do Not Trigger the Miscarriage-of-Justice Exception 1....

New Political Party Nominees Are Governed by § 32-621, Not Disqualified by § 32-616(1)

Date: Sep 12, 2026

New Political Party Nominees Are Governed by § 32-621, Not Disqualified by § 32-616(1) Case: Nebraska Democratic Party v. Evnen, 322 Neb. 217 (Sept. 8, 2026) Court: Supreme Court of Nebraska...

Safety-Valve Eligibility Requires Independent Judicial Factfinding (Not a Jury Verdict), but Deference Error May Be Harmless

Date: Sep 12, 2026

Safety-Valve Eligibility Requires Independent Judicial Factfinding (Not a Jury Verdict), but Deference Error May Be Harmless Case: United States v. Roxanna Flores-Alvarado (11th Cir. Sept. 8, 2026)...

CGIA Emergency-Vehicle Immunity Turns on a Disjunctive “Lights-or-Siren” Showing, and the District Court Must Find Whether the Siren Was Used

Date: Sep 12, 2026

CGIA Emergency-Vehicle Immunity Turns on a Disjunctive “Lights-or-Siren” Showing, and the District Court Must Find Whether the Siren Was Used 1. Introduction Murphy v. Marlow (10th Cir. Sept. 8,...

Open-Air Canine Sniffs of Vehicles Are Not Fourth Amendment “Searches” Despite Potentially Lawful Odors; Pre-Contact Alert Supplies Probable Cause for Any Trespassory Sniff

Date: Sep 12, 2026

Open-Air Canine Sniffs of Vehicles Are Not Fourth Amendment “Searches” Despite Potentially Lawful Odors; Pre-Contact Alert Supplies Probable Cause for Any Trespassory Sniff I. Introduction In United...