Sua Sponte Discussion Does Not Preserve an Unraised Appellate Issue Unless It Serves Judicial Economy and Fairness Introduction In Abu-Ulba v. Ananda Scientific, Inc., 2026 UT 24, the Utah Supreme...
Limiting Instructions Need Not Accompany Each Exhibit’s Publication; Drug-Related Text Messages Admissible Under Rule 404(b) to Prove Intent and Rebut “No Longer Dealing” Defense I. Introduction In...
Rencher v. State of Mississippi: Meta/AT&T Records Are Self-Authenticating Under MRE 902(11), and “Google Earth” Coordinate Plotting May Be Proven by Lay Testimony Introduction In Rencher v. State of...
Verified Warrant Reliance and “Substantial Basis” Review: Lack of a Preliminary-Hearing Record Does Not Undermine a Facially Valid Arrest Warrant 1. Introduction In Eacholes v. State of Mississippi...
Waiver of Late-Disclosed Expert/Discovery Claims Without a Continuance Request; Timeline Uncertainty Does Not Defeat Child Sex-Offense Proof Case: Sanders v. State of Mississippi (No....
Certified MDH HIV Surveillance Records Are Nontestimonial; § 97-27-14(1) Requires No Proof of Viral Load or Transmission Likelihood Case: Sims v. State of Mississippi, Supreme Court of Mississippi...
Post-Appeal Release and Mootness: Disputed Settlement Facts Require District-Court Determination Before Merits Review 1. Introduction Tammy Russell v. U.S. Dep't of Treasury (6th Cir. July 29, 2026)...
Anti-Waiver Statutes Do Not Preempt Forum Choice-of-Law: Kentucky’s § 188 “Most Significant Relationship” Test Governs Sales-Representative Termination Disputes Case: Bonfiglioli USA, Inc. v. Midwest...
Renewing Rule 29 Motions to Preserve Sufficiency Claims and Treating Digital-Forensics Disputes as Weight (Not Admissibility) Introduction In United States v. Scott Nelson (6th Cir. July 29, 2026)...
Judicial “Testimony” Under Rule 605 Is Subject to Rule 52(a) Harmless-Error Review Requiring an Effect on Substantial Rights United States v. Khari Qunarll Smith (with co-appellants Saruba Asante...
Amended Judgments After § 2255: Direct Appeal Permitted, But ACCA Error Can Be Harmless and “Ransom” Includes Family-Hostage Demands 1. Introduction United States v. Michael Benanti (6th Cir. July...
Sixth Circuit Establishes a “Substantial Rights” Harmless-Error Standard for Rule 605 Judicial “Testimony” (and Remands Where a Mandatory Guideline Reduction Was Omitted) 1. Introduction United...
Rule 605 Judicial-“Testimony” Error Is Subject to Rule 52(a) Harmless-Error Review (Substantial-Rights Standard) 1. Introduction United States v. Chanel Lashae Logan (consolidated appeals involving...
Midstream Miranda in the Sixth Circuit: “Genuine Choice” Controls, Officer Intent Is Irrelevant, and No Duty Exists to Disclaim the Earlier Unwarned Confession Case: United States v. Jarvis Clayborn...
Strategic Open-Plea Advice Is Not Ineffective Assistance Absent Unreasonableness; Unpreserved Rule 43 Claims Are Not Reviewed 1. Introduction In Paola v. State, 2026 ND 151, Tayven Lynn Paola sought...
Stipulated Post-Hearing Income Submissions Permit Supplemental Evidence, but Income Imputation Requires a Purpose Finding and Effective-Date Explanation 1. Introduction Childers v. Childers, 2026 ND...
Res Judicata Does Not Bar Later “Offset” Claims After a Default Judgment; CPLR 205(a) May Save Refiled Former Counterclaims Case: Vince's Pizza Plus, Inc. v. Dion DeFedericis, 2026 NY Slip Op 04598...
RPTL 497(2) Makes NYSERDA Filing Non-Precondition to Effectiveness of RPTL 487 Solar-Exemption Opt-Out Laws (and Applies Retroactively) 1. Introduction Matter of Solar Advocate Dev., LLC v Assessor...
Hayseeds “Necessity” Requires Insured Cooperation and Meaningful Demand; Bankruptcy-Related Noncooperation Defeats Fee-Shifting Introduction In Bristol Springs Custom Homes, LLC v. Argos Group US,...
Hayseeds “Necessity” Requires More Than Post-Suit Settlement Timing; West Virginia UTPA Subsections (b), (c), (d), (f), (g), and (m) Remain Unavailable to Insureds Introduction In Bristol Springs...