conversion-liability-under-restatement-(second)-of-torts- Case Commentaries

Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible

Date: Jul 4, 2026

Third Circuit Rule: A Single Illegible Serial Number Triggers § 2K2.1(b)(4)(B)(i) Even If Another Serial Number Is Legible Case: United States v. Noah Craddock (3d Cir. July 1, 2026) Court: U.S....

United States v. Zachary Williams (3d Cir. 2026) Commentary

Date: Jul 4, 2026

Whole-Record Review to Sustain a Faretta Waiver When Pro Se Is Sought for Delay or Sandbagging I. Introduction In United States v. Zachary Williams, the Third Circuit confronted a recurring tension...

Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit)

Date: Jul 4, 2026

Intentional Omissions on IRS Forms 433-A/433-B Are Affirmative Acts of Tax Evasion (Third Circuit) 1. Introduction In United States v. Brandon Aumiller (3d Cir. July 1, 2026), the Third Circuit...

Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence

Date: Jul 4, 2026

Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...

United States v. Miguel Rosario — Commentary

Date: Jul 4, 2026

Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...

Tenth Circuit: Leave to Amend May Be Denied as Futile Where Proposed Pleading Remains Time-Barred, Rule 8 Deficient, or Legally Defective—Even After an Earlier Rule 8 Strike

Date: Jul 4, 2026

Tenth Circuit: Leave to Amend May Be Denied as Futile Where Proposed Pleading Remains Time-Barred, Rule 8 Deficient, or Legally Defective—Even After an Earlier Rule 8 Strike 1. Introduction In Moyer...

McCoy Structural Error Requires a Contemporaneous, Express Objection to Counsel’s Guilt Concession

Date: Jul 4, 2026

McCoy Structural Error Requires a Contemporaneous, Express Objection to Counsel’s Guilt Concession (and Mitigation-Concession Does Not Trigger Cronic) Case: United States v. Sago (10th Cir. July 1,...

Interstate-Wire Element in PPP Wire-Fraud Cases May Be Proven Through SBA Lender-Fee Payment Routing and Foreseeable “Forces Set in Motion”

Date: Jul 4, 2026

Interstate-Wire Element in PPP Wire-Fraud Cases May Be Proven Through SBA Lender-Fee Payment Routing and Foreseeable “Forces Set in Motion” Case: United States v. Lacona (10th Cir. July 1, 2026)...

Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges

Date: Jul 4, 2026

Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges 1. Introduction Miller v. State (Supreme Court of...

Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage

Date: Jul 4, 2026

Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage 1. Introduction State v. Cullins (Supreme Court of Georgia, June 30, 2026)...

Smith v. State — Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery

Date: Jul 4, 2026

Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery Introduction In Smith v. State (Ga. June 30, 2026), the Supreme Court of Georgia affirmed...

Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice (Mosley v. State)

Date: Jul 4, 2026

Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice I. Introduction In Mosley v. State (Ga. June 30, 2026), Shawn...

Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant

Date: Jul 4, 2026

Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant Court: Supreme Court of Georgia | Date:...

Brown v. State (Ga. 2026): Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing

Date: Jul 4, 2026

Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing 1. Introduction In Brown v. State, No. S26A0577 (Ga. June 30,...

Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations

Date: Jul 4, 2026

Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations 1. Introduction In COLLINS v. THE STATE (Two...

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat

Date: Jul 4, 2026

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat Case: BELL v. THE STATE (Two Cases) (No. S26A0188; No. S26A0483)...

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists

Date: Jul 4, 2026

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists 1....

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text

Date: Jul 4, 2026

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text 1. Introduction Warner v. Espitia (Supreme Court of Georgia, June 30, 2026) arises from...

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence)

Date: Jul 4, 2026

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence) Case: Walker v. State (Supreme Court of Georgia, June...

State v. Tolentino (Haw. 2026): Mandatory Pretrial Evidentiary Voluntariness Hearings for Inculpatory Statements; New-Trial Remedy; Partial Overruling of State v. Goers

Date: Jul 4, 2026

Hawaiʻi’s Mandatory Pretrial Evidentiary Voluntariness Hearing Rule for Inculpatory Statements (and the New-Trial Remedy), with State v. Goers Partially Overruled I. Introduction In State v....