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comprehensive-interpretation-of-& Case Commentaries

Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Gray v. Birchfield & Koch Foods: Recognising Multiple Prevailing Parties in Multi-Defendant Litigation

Date: Jul 16, 2025
Gray v. Birchfield & Koch Foods: The Eleventh Circuit Confirms that More Than One “Prevailing Party” May Exist When a Single Plaintiff Sues Multiple Defendants 1. Introduction Ka’Toria Gray, a nurse...
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

Date: Jul 16, 2025
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island 1. Introduction Case: State v. Andrew Mangru, Nos....

        United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations

Date: Jul 15, 2025
United States v. Garcia-Oquendo: The First Circuit Extends Rule 32.1(b)(2)(C)’s Limited Confrontation Right to the Sentencing Stage of Supervised-Release Revocations Introduction In United States v....
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Date: Jul 15, 2025
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions 1. Introduction Bell v. State, 52104...
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...
Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Date: Jul 15, 2025
Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2d Cir. 2025) 1  Introduction On 14 July 2025 the United States Court of Appeals for the Second...
The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

Date: Jul 15, 2025
The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate 1. Introduction Case: Doyle v. UBS Financial Services, Inc., No. 24-696-cv (2d Cir....
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

Date: Jul 15, 2025
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences A Comprehensive Commentary on United States v. Flores-Nater,...
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

Date: Jul 15, 2025
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges Introduction United States v. Sidney Rashard Collins,...
Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Date: Jul 15, 2025
Hernandez v. Sheriff of Manatee County, Florida Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or...
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

Date: Jul 15, 2025
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification by the Eleventh Circuit 1. Introduction In Deon Johnston v. Deputy Sean M. Carlson, the United...
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Date: Jul 15, 2025
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act Introduction Angela Gilder-Lucas, a supervisor of education at a federal prison in...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo

Date: Jul 15, 2025
First Circuit Extends Rule 32.1 Confrontation Rights to the Entire Revocation Process – United States v. Garcia-Oquendo 1. Introduction The First Circuit’s decision in United States v. Garcia-Oquendo...
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases (Goncalves Leao v. Bondi, 1st Cir. 2025)

Date: Jul 15, 2025
“Silent Standards, Loud Deference” – The First Circuit’s Re-affirmation of Highly Deferential Review in Cancellation-of-Removal Hardship Cases Goncalves Leao v. Bondi, No. 24-1239 (1st Cir. July 14,...
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Date: Jul 15, 2025
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements 1. Introduction In Calvin David Fox v. Robin R. Weiner, No. 24-10423...
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act

Date: Jul 15, 2025
Eleventh Circuit Confirms “Spring-Back” Authority Under the Federal Vacancies Reform Act Introduction In Rachael M. Gorecki v. Commissioner, Social Security Administration, No. 23-13863 (11th Cir....
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance

Date: Jul 15, 2025
The McNair Doctrine: Inherent Authority of District Courts to Dismiss Prisoner Civil-Rights Complaints Without Prejudice for Procedural Non-Compliance 1. Introduction James E. McNair v. K. Johnson,...
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors

Date: Jul 15, 2025
United States v. Patrick Joseph: Re-affirming Broad District-Court Discretion to Deny Compassionate Release Solely on § 3553(a) Factors 1. Introduction United States v. Patrick Joseph, No. 24-10700...
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