balancing-first-amendment-rights- Case Commentaries

Objection Deadlines Run from Mailing, Not Receipt: Untimely Objections Trigger the Firm Waiver Rule and Defeat a COA

Date: Aug 26, 2026

Objection Deadlines Run from Mailing, Not Receipt: Untimely Objections Trigger the Firm Waiver Rule and Defeat a COA Introduction In Martinez v. Bergman (10th Cir. Aug. 25, 2026), Jason Martinez, a...

Martinez-Viguerias: The BIA Must Give Cogent, Record-Engaging Reasons to Reject IJ CAT Factfinding Under Clear-Error Review

Date: Aug 26, 2026

Martinez-Viguerias: The BIA Must Give Cogent, Record-Engaging Reasons to Reject IJ CAT Factfinding Under Clear-Error Review 1. Introduction Case: Martinez-Viguerias v. Blanche, No. 25-9556 (10th Cir....

Reaffirming Valid Faretta Waivers and Intended-Loss Sentencing in PPP/EIDL Fraud (Anders Dismissal)

Date: Aug 26, 2026

Reaffirming Valid Faretta Waivers and Intended-Loss Sentencing in PPP/EIDL Fraud (Anders Dismissal) 1. Introduction In United States v. Divine-Seven El (7th Cir. Aug. 25, 2026) (nonprecedential), the...

Stanley’s Home-Privacy Shield Bars § 1466A(b)(1) as Applied to In-Home Possession of Obscene, AI-Generated “Virtual CSAM” Not Depicting Real Children

Date: Aug 26, 2026

Stanley’s Home-Privacy Shield Bars § 1466A(b)(1) as Applied to In-Home Possession of Obscene, AI-Generated “Virtual CSAM” Not Depicting Real Children Introduction In United States v. Steven Anderegg...

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders

Date: Aug 26, 2026

Detention-Order Reconsideration Tolling: Sixth Circuit Holds Local Rule 7.1(h)(2) Applies to Appealably “Final” Yet Interlocutory Detention Orders I. Introduction In United States v. David Taylor...

Rogers Compliance Without Express PSR Adoption: Incorporation of Standard Supervised-Release Conditions by Specific Reference, and Corroborated Controlled Buys as Relevant Conduct Despite Informant Recantation

Date: Aug 26, 2026

Rogers Compliance Without Express PSR Adoption: Incorporation of Standard Supervised-Release Conditions by Specific Reference, and Corroborated Controlled Buys as Relevant Conduct Despite Informant...

Qualified-Immunity Interlocutory Review Is Limited to Claims Actually Raised; Nonlethal Escalation to Extract a Barricaded, Resisting Suspect Is Objectively Reasonable

Date: Aug 26, 2026

Qualified-Immunity Interlocutory Review Is Limited to Claims Actually Raised; Nonlethal Escalation to Extract a Barricaded, Resisting Suspect Is Objectively Reasonable I. Introduction In Cutshall v....

Qualified-Immunity Interlocutory Appeals Reach Only Claims Actually Raised Below

Date: Aug 26, 2026

Qualified-Immunity Interlocutory Appeals Reach Only Claims Actually Raised Below Case: Cutshall v. Sandor Court: United States Court of Appeals for the Fifth Circuit Date: August 24, 2026...

Procedural Forfeiture Limits the Record on Appeal in § 922(g)(1) Second Amendment As-Applied Cases

Date: Aug 26, 2026

Procedural Forfeiture Limits the Record on Appeal in § 922(g)(1) Second Amendment As-Applied Cases I. Introduction United States v. Luna (5th Cir. Aug. 24, 2026) arose from a federal indictment...

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence

Date: Aug 26, 2026

State v. Keville (2026 N.H. 31): Sufficiency of Circumstantial Evidence and Post-Police-Search Disposal as Proof of Falsifying Physical Evidence 1. Introduction In State v. Keville, the Supreme Court...

Nonbinding Executive Orders, Speculative Implementation, and State Standing: Trump v. California (2026)

Date: Aug 26, 2026

States Lack Standing to Enjoin Nonbinding Executive Orders Absent Concrete Injury, and “Planning Costs” Cannot Create Article III Jurisdiction Case: Trump v. California, 609 U. S. ____ (2026) (per...

Delaware FOIA: No Attorney-Fee Awards in State-Agency “On-the-Record” Appeals; Agencies Must Provide Sworn Search Details and Disclose Segregable Personnel-File Information (Including Anonymized Demographics)

Date: Aug 26, 2026

Delaware FOIA: No Attorney-Fee Awards in State-Agency “On-the-Record” Appeals; Agencies Must Provide Sworn Search Details and Disclose Segregable Personnel-File Information (Including Anonymized...

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies

Date: Aug 26, 2026

Demand-for-Cash Alone Satisfies “Intimidation” Under 18 U.S.C. § 2113(a) in Suspected Bank Robberies 1. Introduction United States v. Keith Bernard Miller (11th Cir. Aug. 24, 2026) is a consolidated...

Upward Variances May Not Punish Non‑Cooperation: The Second Circuit Requires Sindima-Specific Findings and Reassignment When Sentencing References Failure to Help Recover Firearms

Date: Aug 26, 2026

Upward Variances May Not Punish Non‑Cooperation: The Second Circuit Requires Sindima-Specific Findings and Reassignment When Sentencing References Failure to Help Recover Firearms 1. Introduction In...

ALLER v. STATE (Ariz. Aug. 24, 2026) Commentary

Date: Aug 26, 2026

New Arizona Rule: Former Defendants Must Show “Particularized Need” to Use Lawfully Obtained Grand Jury Transcripts in Related Civil Suits Case: ALLER v. STATE, Supreme Court Of The State Of Arizona...

State v. Garces, Jr. (Haw. Aug. 24, 2026) — Hawaiʻi Constitution Requires an Express “Fifth Miranda Warning” and Continuing Right-to-Counsel Advisement (Prospective Only)

Date: Aug 26, 2026

Hawaiʻi Constitution Requires an Express “Fifth Miranda Warning” and Continuing Right-to-Counsel Advisement (Prospective Only) Case: State v. Garces, Jr., Supreme Court of Hawaiʻi (Aug. 24, 2026),...

UMB Bank, N.A. v. Tupulua — Standing in Foreclosure Requires Clear, Decoded Proof of Note Possession at Filing; Post-Ruling Stipulations Cannot Cure Ambiguity Inequitably

Date: Aug 26, 2026

Standing in Foreclosure Requires Clear, Decoded Proof of Note Possession at Filing; Post-Ruling Stipulations Cannot Cure Ambiguity Inequitably I. Introduction Case: UMB Bank, N.A. v. Tupulua, Supreme...

Workers’ Compensation Reconsideration Deadlines: The WCAB Cannot Equitably Toll Its Own Former Labor Code § 5909 60-Day “Deemed Denied” Period

Date: Aug 26, 2026

Workers’ Compensation Reconsideration Deadlines: The WCAB Cannot Equitably Toll Its Own Former Labor Code § 5909 60-Day “Deemed Denied” Period 1. Introduction In Mayor v. Workers' Comp. App. Bd. &...

Independent Trial-Court Factfinding Governs Necessity Challenges in Utility Condemnations Under the 1992 Rebuttable-Presumption Amendments

Date: Aug 26, 2026

Independent Trial-Court Factfinding Governs Necessity Challenges in Utility Condemnations Under the 1992 Rebuttable-Presumption Amendments 1. Introduction Town of Apple Valley v. Apple Valley Ranchos...

ALLER v. STATE (Ariz. 2026) Commentary

Date: Aug 26, 2026

Grand Jury Secrecy After Dismissal: “Particularized Need” Governs a Former Defendant’s Civil Use of Transcripts, with Mandatory In Camera Review and Tailored Use Conditions I. Introduction In ALLER...