Forfeitable Rule 33 Timeliness Triggers FRAP 4(b)(3) Tolling; Post-Judgment Orders Require a Separate Notice of Appeal Case: United States v. Castro (5th Cir. July 10, 2026) (per curiam, unpublished)...
Coram Nobis Requires Prompt Action and Cumulative Brady Materiality—Even When the District Court Analyzes Evidence Piecemeal Case: United States v. Jonathan Giannone (4th Cir. July 9, 2026)...
United States v. Carson: Timing Controls Rodriguez—Once Marijuana Odor Establishes Probable Cause, Later “Detours” Do Not Unlawfully Prolong the Stop; Sakyi Continues to Permit Drug-Based Frisks I....
Virginia Embezzlement Is Not Categorically a “Fraud or Deceit” Aggravated Felony Under INA § 1101(a)(43)(M)(i) Case: Maximino Ramos v. Todd Blanche Court: United States Court of Appeals for the...
Policy Violations Alone Do Not Establish Eighth Amendment Deliberate Indifference Absent Proof of Subjective Awareness of a Substantial Risk Introduction In Randle Jackson v. Gerald Bush (4th Cir....
Fourth Circuit: Nonparty Attorney May Immediately Appeal a Separate Civil-Contempt Sanction, and Civil Contempt Requires Clear Proof of Harm (Not Punishment) I. Introduction In Dmarcian, Inc. v....
Abitron Conduct Test in the Fourth Circuit: Targeting U.S. Customers via a Trademark-Misusing Website Triggers Domestic “Use in Commerce,” and Sanctions Tied to Foreign-Court Corrections Await Final...
Tenth Circuit Endorses Sua Sponte Reopening of a Closed BLBA Record When Needed to Decide Total Disability, Absent Unfairness or Prejudice I. Introduction Case: Energy West Mining Company v. OWCPC...
WPA Constructive-Discharge Accrual: Dissents Urge Returning to Jacobson’s Resignation-Date Rule (and Treating Joliet as Dicta for WPA Claims) I. Introduction Case: Christina Zink v Genesee...
Mandamus to Compel Legislative Presentment Under Const 1963, art 4, § 33—Court of Appeals Rule Left Intact After Supreme Court Denial of Leave I. Introduction Senate v. House of Representatives...
Second Circuit: A Union Cannot Retroactively Bind Former Bargaining-Unit Members to Mandatory Arbitration of Accrued Statutory Wage Claims by a Later MOA Without Consent; Courts Decide Arbitrability...
Inverse Condemnation in South Dakota Requires Government Action that Takes or Damages Private Property for a Public Use—State Mining on State-Owned Land and Mere Mineral-Rights Retention Do Not...
Florida Rejects “More Stringent” Abuse-of-Discretion Review for Fraud-on-the-Court Dismissals; Adopts Traditional Layered Appellate Review I. Introduction In Publix Supermarkets, Inc. v. Jonida Goga...
Florida: Discretionary Prejudgment Interest as an Equitable-Distribution Remedy Under § 61.075 I. Introduction In Scott Aron Stewart v. Mishelle Addys Perdomo Vindel (Fla. July 9, 2026), the Supreme...
Wrongful-Conviction Compensation Requires Actual Innocence of the Entire Alternative-Means Crime (Not Merely the Charged Means) Case: In re Wrongful Conviction of Arita (Kan. 2026-07-10) Court:...
New Mexico Judicial Discipline: The Judicial Standards Commission May Investigate and Adjudicate Without Masters Absent Unconstitutional Bias, and Repeated, Defiant Legal Error Can Constitute Willful...
Sanctionable Misconduct for “Hallucinated” Authorities in Appellate Briefing: Striking Defective Citations, Awarding Fees, and Referring Counsel for Discipline 1. Introduction In Marion Parnell, Jr....
Consciousness of Guilt Is Not Deliberation: Limits on Proof of Deliberate-Intent First-Degree Murder and the Binding Force of UJI Use Notes (State v. Trujillo) 1. Introduction State v. Trujillo (N.M....
Saliba Fee-Shifting Limited: No Attorneys’ Fees for a Standalone Honesty (“Candor”) Breach Yielding Only Nominal Damages Case: Leo Investments Hong Kong Limited v. Tomales Bay Capital Anduril III,...
Operational Negligence Exception to Sovereign Immunity for Juvenile Ejections: Statutory Notice-and-Release Violations as Prima Facie Negligence I. Introduction In Andrew Joseph, Jr. v. Hillsborough...