defendant&amp Case Commentaries

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process (Crowder v. Herman)

Date: Oct 31, 2025

No Advisory Opinions After Supervision Ends; PLRA Screenings Must Distinguish Absolute vs. Qualified Immunity and Substantive vs. Procedural Due Process Crowder v. Herman, No. 24-6674 (4th Cir. Oct....

Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases

Date: Oct 31, 2025

Initial Arraignment Is the Sole Trigger for Automatic Judicial Substitution in Montana Criminal Cases Introduction In Caye v. Twentieth Judicial District Court (2025 MT 246), the Supreme Court of...

Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable)

Date: Oct 31, 2025

Basque (Mont. 2025): Denial of Venue Change in Parenting-Plan Enforcement Under Ends-of-Justice and Continuing Jurisdiction (Noncitable) Introduction In In re the Marriage of Basque, 2025 MT 247N,...

No Lesser-Included: Montana High Court Holds Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering (State v. Carlson, 2025 MT 245)

Date: Oct 31, 2025

No Lesser-Included: Destruction of a Communication Device Is Not a Lesser-Included Offense of Evidence Tampering Case: State v. Taylor Jean Carlson, 2025 MT 245 (Mont. Oct. 28, 2025) Court: Supreme...

Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest

Date: Oct 30, 2025

Authority to Withdraw Funds Equals Pecuniary Interest: Second Circuit Affirms §16(b) Disgorgement and Endorses IRS Underpayment Rate for Prejudgment Interest Case: Avalon Holdings Corp. v. Gentile,...

Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential)

Date: Oct 30, 2025

Second Circuit Reaffirms Strict Rule 8 Enforcement and Accepts COVID-19 Testing as Reasonable Religious Accommodation (Nonprecedential) Case: Johnson v. Starwood Hotels & Resorts Worldwide, LLC...

Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits Post‑Esteras

Date: Oct 30, 2025

Second Circuit Clarifies Revocation Sentencing: Undisputed Probation Facts and Similarity to Prior Offense Can Support an Upward Variance; Retribution for the Underlying Conviction Remains Off-Limits...

Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation

Date: Oct 30, 2025

Insurrection Under War-Risk Policies Includes Acts by a De Facto Regime Against the U.S.-Recognized Government; “Arising From” Requires But-For Causation Introduction In CITGO Petroleum Corp. v....

Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP

Date: Oct 30, 2025

Reiterated Objections Require De Novo Review: The Second Circuit Clarifies “Proper Objections” to Magistrate Judge R&Rs in Nambiar v. The Central Orthopedic Group, LLP Introduction In this...

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: A Commentary on Goolsby v. City of Monroe (11th Cir.)

Date: Oct 30, 2025

Intervening Misconduct Severs Retaliation Causation and Threadbare § 1981 Pleadings Fail: Eleventh Circuit in Goolsby v. City of Monroe Introduction In Alicia Goolsby v. City of Monroe, the Eleventh...

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief

Date: Oct 30, 2025

Simultaneous Miranda Warnings Are Valid If Reasonably Conveyed; Sixth Circuit Reaffirms Post‑Bruen Constitutionality of § 922(g)(1) and § 924(c), and Tightens Recantation-Based New Trial Relief Case:...

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d)

Date: Oct 30, 2025

Terse §3553(a) Explanations and Anticipated State Revocation Consecutive Orders: Sixth Circuit Affirms Sentencing Discretion Under Setser and U.S.S.G. §5G1.3(d) Introduction In United States v....

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants

Date: Oct 30, 2025

Clear-Error Review Governs Threat-Based Obstruction Enhancements Under § 3C1.1; Corroborated, Present-Tense CI Tips Sustain Home Search Warrants Introduction In United States v. Jarrett Howard (6th...

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing

Date: Oct 30, 2025

No Chevron Needed: DEA Registration Does Not Immunize Practitioners from § 841(a); Sixth Circuit Affirms Ruan Knowledge Can Be Proven Circumstantially in Pregnant-Patient Prescribing Case: United...

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA

Date: Oct 30, 2025

Tenth Circuit: Technical Service Defects Cannot Thwart Merits; APA Review Requires Federal Final Agency Action — Miller v. USDA Introduction In Miller v. USDA, No. 24-6252 (10th Cir. Oct. 28, 2025),...

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty

Date: Oct 30, 2025

Tenth Circuit Clarifies: DOL Wage Complaints Do Not Toll Discrimination Filing Deadlines; Retaliation Requires Harm Beyond Consequences of a Physician’s Self‑Reporting Duty Introduction In Saini v....

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums

Date: Oct 30, 2025

Tenth Circuit: Federal Kidnapping Is Not a “Crime of Violence” for § 3559(f)(2) Mandatory Minimums Introduction In United States v. Ford (10th Cir. Oct. 28, 2025), the Tenth Circuit resolved a...

Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination, justify a vehicle sweep

Date: Oct 30, 2025

Tenth Circuit clarifies Long protective-sweep reasonable suspicion: pre-approach “dramatic” movement, objectively grounded recent gang affiliation, and violent criminal history can, in combination,...

Intent to Steal May Be Inferred from Social Media Planning and Forced Entry; Co‑Conspirator Messages Admissible with Independent Proof of Conspiracy

Date: Oct 30, 2025

Intent to Steal May Be Inferred from Social Media Planning and Forced Entry; Co‑Conspirator Messages Admissible with Independent Proof of Conspiracy Introduction This commentary examines the Wyoming...

No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions

Date: Oct 30, 2025

No Private or Equitable Right to Preempt State Hemp Laws Under the 2018 Farm Bill: Tenth Circuit Upholds Wyoming’s Delta‑8 Restrictions Introduction In Green Room LLC v. State of Wyoming (10th Cir....

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