Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding Introduction Pierre Riley v. Todd Blanche (4th Cir. July 2,...
Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect Case: Daniel Lewis v. Superintendent...
“Involved in a Collision” Under HRS § 291C-12(a) Includes Non-Contact Drivers (and Vagueness Challenges Are As-Applied Absent First Amendment Concerns) Case: State v. Nahulu (Haw. July 2, 2026)...
RICRA Discrimination Claims Classified as “Actions of Tort” Under Rhode Island’s State Tort Claims Act 1. Introduction In Luther C. Parente v. Nelson Lefebvre, in his official capacity as Warden of...
“Sufficient” Bond as a Floor-and-Ceiling Rule: Unaffordable Cash Bonds as Constructive Denials of Appeal Bond Under MCR 7.209(B)(2) Case: People of Michigan v. Leon Orlando Echols (Michigan Supreme...
Highway-Defect Notice Under MCL 691.1404(1): “Exact Location” Does Not Mean Street Address, GPS, or Technical Precision (Welch, J., dissenting) I. Introduction Nancy Dentamaro Seguna v City of...
“Imposed” Under Penal Code § 1172.75 Includes Prior Prison Term Enhancements Whose Punishment Was Stricken Case: People v. Espino (Cal. July 2, 2026) S286987 Court: Supreme Court of California...
Rule 41(a)(1)(B) “Two-Dismissal Rule” Bars Only Refiling in Federal Court, Not a Later State-Court Action I. Introduction In Doe v. Marysville Joint Unified School District (Cal. July 2, 2026,...
Continuance-and-Deposition Cure for Late-Disclosed Witnesses and Deference to Jury Credibility Under Rule 59 1. Introduction Garry Richardson v. City of Detroit, Michigan, Sergeant Mike Jackson...
Post-Guilty-Plea Double Jeopardy Claims: Direct Appeal Lies Only Through a Targeted Motion to Withdraw the Lesser-Included Plea 1. Introduction Case: Monroe v. State of Indiana (Indiana Supreme...
Indiana’s Income-Tax Add-Back Applies Only to Apportioned Income Taxes (and Apportioned Functional Equivalents), Not Unapportioned Wagering Excise Taxes 1. Introduction In PENN Entertainment, Inc. v....
Indiana Charging-Information Sufficiency for Firearm Possession: Out-of-State Felonies Need Not Be Pleaded with Statutory Comparators to Support § 35-47-2-1.5 Enhancements 1. Introduction State of...
Indiana’s Reference Statute: A General “Felony” Predicate in the Handgun-Carry Ban Includes Out-of-State Felonies Without “Substantial Similarity” Introduction State of Indiana v. Augustine Armando...
Article II Requires At-Will Presidential Removal of FTC Commissioners Exercising Executive Power (Overruling Humphrey’s Executor) I. Introduction In Trump v. Slaughter (U.S. Supreme Court, June 29,...
FECA’s Political-Party Coordinated-Expenditure Caps Violate the First Amendment (Colorado II Overruled) Case: National Republican Senatorial Committee v. Federal Election Comm'n, 609 U. S. ____...
Municipal Dock Prohibitions Upheld When Broadly Applicable and Tied to Conservation, Recreation, and Aesthetics Introduction Vannata v. Town of Sullivan's Island Board of Zoning Appeals (S.C. Sup....
Fraud in Courtroom-Interpreter Discipline Requires Proof of Reliance; False Sworn Renewal Statements Constitute Misrepresentation Warranting Suspension 1. Introduction In STATE BOARD OF EXAMINERS OF...
Impossibility Makes “Fenced Jobsite” Coverage Preconditions Unenforceable in Ohio Property-Renovation Policies Case: 3371 Reading, LLC v. Liberty Mutual Group, Inc. Court: United States Court of...
Trump v. Cook: Statutory Pretermination Process and Judicial Review for For-Cause Removal of Federal Reserve Governors 1. Introduction Trump v. Cook (U.S. Supreme Court, June 29, 2026) arose from an...
Qualified Immunity Does Not Require Fact-Perfect Precedent for “Obvious” Eighth Amendment Cold-Cell Violations (Sotomayor, J., dissenting) Case: Smith v. Kind, 609 U.S. ____ (2026) (Sotomayor, J.,...