ensuring-indictment-validity:-prosecutor& Case Commentaries

Acceptance Means More Than a Plea: Sixth Circuit Authorizes Use of Post‑Indictment Jailhouse Drug Misconduct and False Denials to Defeat §3E1.1—Even If Not §1B1.3 Relevant Conduct; Explicit Bostic Concurrence Invokes Invited Error

Date: Oct 10, 2025

Acceptance Means More Than a Plea: Sixth Circuit Authorizes Use of Post‑Indictment Jailhouse Drug Misconduct and False Denials to Defeat §3E1.1—Even If Not §1B1.3 Relevant Conduct; Explicit Bostic...

No Automatic Liberal Construction for Legally Trained Pro Se Litigants; Rule 41(b) Dismissal Affirmed Under Ehrenhaus After Failure to Cure Pleading Defects

Date: Oct 10, 2025

No Automatic Liberal Construction for Legally Trained Pro Se Litigants; Rule 41(b) Dismissal Affirmed Under Ehrenhaus After Failure to Cure Pleading Defects Introduction In Cohen v. Hartman, No....

Centrality of Motive and the Reporting Requirement: The Tenth Circuit’s Published Clarification on Nexus, State Protection, and Internal Relocation in Mixed‑Motive Asylum Claims (Jimenez v. Bondi)

Date: Oct 10, 2025

Centrality of Motive and the Reporting Requirement: The Tenth Circuit’s Published Clarification on Nexus, State Protection, and Internal Relocation in Mixed‑Motive Asylum Claims Introduction In...

No Plain-Error Duty to Advise Juveniles of Murphy’s “Appreciable Period” Requirement for § 1201 Kidnapping

Date: Oct 10, 2025

No Plain-Error Duty to Advise Juveniles of Murphy’s “Appreciable Period” Requirement for § 1201 Kidnapping Case: United States v. Doe, No. 25-9902 (10th Cir. Oct. 7, 2025) Court: United States Court...

Record-Based Justification Suffices: Tenth Circuit Affirms Alcohol-Abstinence and Bar-Restriction Conditions Under Plain-Error Review Even Without On-the-Record Reasons

Date: Oct 10, 2025

Record-Based Justification Suffices: Tenth Circuit Affirms Alcohol-Abstinence and Bar-Restriction Conditions Under Plain-Error Review Even Without On-the-Record Reasons Introduction In United States...

Attorney General’s Authority to Represent the State and State Officers in Post‑Conviction Proceedings Clarified; “Technical Failure” Discretion Applied — State v. Antoinette Frank (La. 2025)

Date: Oct 10, 2025

Attorney General’s Authority to Represent the State and State Officers in Post‑Conviction Proceedings Clarified; “Technical Failure” Discretion Applied — State v. Antoinette Frank (La. 2025)...

Hadley v. City of South Bend: No Takings Clause Compensation for Police-Caused Damage During Execution of a Valid Search Warrant

Date: Oct 10, 2025

Hadley v. City of South Bend: No Takings Clause Compensation for Police-Caused Damage During Execution of a Valid Search Warrant Introduction In Amy Hadley v. City of South Bend, Indiana, the U.S....

ALJ Discretion to Limit VE Cross-Examination and Acceptance of SkillTRAN Job Browser Pro, with SSRs as an Independent Step-Five Backstop

Date: Oct 10, 2025

ALJ Discretion to Limit VE Cross-Examination and Acceptance of SkillTRAN Job Browser Pro, with SSRs as an Independent Step-Five Backstop Court: United States Court of Appeals for the Seventh Circuit...

“Need to Come Inside” Is Not Per Se Coercive: Seventh Circuit Affirms Third‑Party Consent and Defines Scope During Domestic‑Violence Welfare Checks

Date: Oct 10, 2025

“Need to Come Inside” Is Not Per Se Coercive: Seventh Circuit Affirms Third‑Party Consent and Defines Scope During Domestic‑Violence Welfare Checks Introduction In United States v. Jaison L. Coleman,...

Rule 35(b) in the CNMI: Motions to Reduce Sentence Are Pleas for Leniency, Not Legal Corrections

Date: Oct 10, 2025

Rule 35(b) in the CNMI: Motions to Reduce Sentence Are Pleas for Leniency, Not Legal Corrections Introduction In Commonwealth v. Rios, 2025 MP 7 (Supreme Court of the Commonwealth of the Northern...

Tribal Bar Admission Is Not “Admission in a State, Territory, or D.C.” Under SCR 40.04(1); Exam-Eligibility Denials Are Reviewable Under the Court’s Supervisory Authority

Date: Oct 10, 2025

Tribal Bar Admission Is Not “Admission in a State, Territory, or D.C.” Under SCR 40.04(1); Exam-Eligibility Denials Are Reviewable Under the Court’s Supervisory Authority Introduction In Joy Morris...

No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege

Date: Oct 10, 2025

No Agency-Made Privileges: Pennsylvania Supreme Court Holds 37 Pa. Code § 61.2 Does Not Create an Evidentiary Privilege Introduction In Toland v. Pennsylvania Board of Probation and Parole (Pa....

Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025)

Date: Oct 10, 2025

Deed-in-Lieu with Deficiency Waiver Fixes the Year of COD Income; No “Later-Discovery” Exception to the Variance Doctrine — Commentary on Salta v. United States (2d Cir. 2025) Court: U.S. Court of...

No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order)

Date: Oct 10, 2025

No Reversible Error from Unexplained “Associate Search” Reference: Second Circuit Affirms Under Harmless and Plain Error Frameworks in United States v. Morrison (Summary Order) Introduction This...

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule

Date: Oct 10, 2025

“Life Minus Months Still Equals Life”: Second Circuit Reaffirms § 3583(h) Supervised-Release Calculus for § 2252A Revocations and Enforces Oral-Pronouncement Rule Note on precedential status: This...

No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers”

Date: Oct 10, 2025

No FTCA Waiver When Vermont Workers’ Compensation Covers Multi‑Employer Injuries: Coverage by Any Employer Preserves Exclusive-Remedy Immunity for Federal “Statutory Employers” Case: Williams v....

Clark v. Valletta: Second Circuit Holds No Clearly Established Right to Specific Gender-Dysphoria Treatments; Qualified Immunity Applies and Objective Reasonableness Remains Distinct

Date: Oct 10, 2025

Clark v. Valletta: No Clearly Established Right to Specific Gender-Dysphoria Treatments; Objective Reasonableness Remains Distinct in Eighth Amendment Qualified Immunity Introduction In Clark v....

Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status

Date: Oct 10, 2025

Fair Use Shields Satirical Broadcasts of Commissioned Cameo Videos; No Bad-Faith Bar, and Platform Terms Not Enforceable by Creators Absent Express Third-Party-Beneficiary Status Case: Santos v....

Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa, S.A. (2d Cir. 2025)

Date: Oct 10, 2025

Pleading Across Proceedings: Second Circuit Endorses Use of Other-Case Allegations (Rule 11–Limited) and Narrows “Storm Warnings” for Securities Act Timeliness — Commentary on Sherman v. Abengoa,...

Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes

Date: Oct 10, 2025

Bad‑Faith, Post‑Auction Chapter 13 Filings Can Justify Retroactive Annulment of the Automatic Stay: Eleventh Circuit’s Clarification in Smith v. Shoma Homes Case: Marisa Smith v. Shoma Homes at...

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