Constructive Possession in Firearm Cases: Flight, Coordinated Concealment, and DNA Evidence Can Surpass “Mere Proximity” (Third Circuit, Nonprecedential) I. Introduction In United States v. Kenan...
Colorado River Abstention Rejected in Parallel Foreclosure-Related Federal Suit; Rule 8 Dismissal “With Prejudice” Operates as Merits Judgment for Claim Preclusion; Abuse-of-Process Timeliness...
COGSA’s One-Year Time Bar Applies to Misdelivery Claims Styled as Fraud; Misdelivery Is Not Deviation and Deviation Does Not Void the Limitations Period 1. Introduction SLT Imports, Inc. (a New...
Qualified Immunity for Officers Who Disseminate Death-Scene Images Absent Clearly Established Fourteenth Amendment Privacy Right Case: Karen Brookins v. City of Philadelphia (3d Cir. May 29, 2026)...
Conditional Faretta Requests Do Not Trigger Self-Representation; Franks Hearings Require Materiality; Pandemic and State-Custody Delays Often Defeat Sixth Amendment Speedy-Trial Claims Introduction...
Third Circuit Confirms Appellate Jurisdiction to Review Withholding-Only and CAT Denials After Riley (and Treats § 1252(b)(1) as Waivable) Case: Patria Laureano v. Attorney General United States of...
COVID-Era Courtroom Access: Overflow-Room Viewing Is a Sixth Amendment Closure Requiring Waller Findings, Yet Unobjected Violations May Be Left Unremedied on Plain-Error Review I. Introduction United...
USSG § 2T1.6 Tax-Loss Rule: Excluding Employer-Portion FICA from “Tax Not Collected or Accounted For and Paid Over” Introduction In United States v. Donna Fecondo (3d Cir. May 26, 2026)...
Freight Brokers as Non-Statutory Employers: No Vicarious Liability (and Narrow Negligence Theories) Absent Carrier Responsibility or Master–Servant Control 1. Introduction Case: Robert Allen v....
§ 2254 Habeas Is Unavailable to Contest Oklahoma Survivors’ Act (§ 1090.5) Resentencing-Request Denials as Post-Conviction Procedure Errors 1. Introduction In Parker v. Tensley (10th Cir. May 29,...
Furtive Movements + Recent POWPO Arrest + High-Crime Area Justify a Vehicle Protective Sweep and Support Automobile-Exception Probable Cause I. Introduction In People v. Baker, 589 P.3d 912 (Colo....
Anonymous Safe2Tell Tips Can Justify a Student Backpack Search When Fresh and Independently Corroborated I. Introduction In The PEOPLE of the State of Colorado, IN the INTEREST OF T.J.W.,...
SCR 20:3.4(b) Applied: No Contingent or Untethered Payments to Fact Witnesses; “Reasonable Lawyer” Vagueness Standard; No Good-Faith Exception 1. Introduction Office of Lawyer Regulation v. Gary W....
People v. Baker (2026 CO 41): Furtive Movements Plus Recent POWPO and High-Crime Context Justify a Protective Vehicle Sweep and Subsequent Automobile-Exception Search 1. Introduction In The People of...
Act 15 Upheld Under La. Const. art. V, § 32: Legislature May Immediately Abolish Orleans Criminal Clerkship Without Creating a Vacancy I. Introduction In Gary Crockett v. State of Louisiana; Jeff...
Wisconsin Clarifies SCR 20:3.4(b): Witness Payments Must Reflect Actual Losses and May Not Be Contingent on Case Outcome Case: Office of Lawyer Regulation v. Gary W. Thompson, 2026 WI 18 (Wis. June...
Plausible Eighth Amendment and First Amendment Claims from Withdrawal/Misadministration of a Medical Diet at § 1915A Screening (Harrell v. Scott) I. Introduction In Harrell v. Scott (10th Cir. May...
Rule 28 Waiver in Pro Se TCPA Appeals and the Nexus Limit on Inherent-Power Sanctions After Remand I. Introduction Case: Trupia v. Bob Moore Enterprises, No. 25-6130 (10th Cir. May 29, 2026) (Order...
WPCA Notice Required for Any Unilateral Reduction of Accrued Pay; Union Representative Standing Preserved for Injunctive Relief Case: Wayne White, Michael Wood, Joshua Gandee, and others similarly...
Executor Purchases of Estate Real Estate Require Probate Approval Under § 33-19-9 Despite Will Language 1. Introduction William Fairhurst, Co-Executor, et al. v. James Fairhurst et al. (R.I. May 28,...