Early Voting Requires Election Judges: Minnesota Election-Day Judge Duties Apply Throughout the 18-Day Early Voting Period 1. Introduction In Minnesota Voters Alliance v. City of Minneapolis (Minn....
Plain-Text Removability Under 8 U.S.C. § 1227(a)(4)(A)(i) for Any Illegal Export Activity (Including 18 U.S.C. § 554 Firearms Smuggling), Rejecting Noscitur a Sociis Case: Olibris v. Blanche (5th...
Sovereign-Citizen Rhetoric Alone Does Not Defeat a Faretta Waiver or Trigger a Sua Sponte Competency Hearing; Consent Waives Objections to Remote Rule 15 Testimony Case: United States v. Willie Hicks...
Rule 60(b)(6) Reopening of § 2255 Judgments Requires a Potentially Reviewable (Non–Time-Barred) Habeas Claim 1. Introduction In Roy West v. United States (Sixth Cir. Aug. 14, 2026), Roy Christopher...
State v. Sims (Kan. 2026): Noncompliance with a Supreme Court Remand-Filing Order Can Forfeit Review and Leave an Adverse Prejudice Finding Intact 1. Introduction State v. Sims, No. 114,959 (Kan....
Flores v. Perez: Qualified Immunity Denied Where a Misdemeanor Suspect Is Rapidly Taken Down and Subjected to Injurious On-Ground Force Amid Material Fact Disputes 1. Introduction In Flores v. Perez...
Rule 51 Specificity and Mitigation-of-Damages Instructions: When a Vague Objection Triggers Plain-Error Review Case: Folks v. Sainato Court: Court of Appeals for the Fifth Circuit Date: 2026-08-14...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship Transmission 1. Introduction In Guerra Quezada v. United States (consolidated with...
Fifth Circuit Rejects “Constructive Presence” to Satisfy Statutory Physical-Presence Requirements for Citizenship by Descent Case: Guerra Vasquez v. United States (consolidated with No. 25-10372 /...
Indirect Employer-Paid “Consideration” Makes Workers “Passengers for Hire,” Triggering the Limitation Act’s Covered Small Passenger Vessel Exclusion 1. Introduction Hunter Marine Group v. Gonzalez...
Jurisdiction to Review IJ Late-Evidence/Continuance Rulings in CAT Cases Absent Statutory Discretion Introduction In Lopez-Barrera v. Blanche (5th Cir. Aug. 14, 2026), Jose Mauricio Lopez-Barrera, a...
Inherent-Power Sanctions in Bankruptcy: Clear-and-Convincing Bad Faith, Independent Appellate Sufficiency Review, and Causally Linked Fee-Shifting Despite Late Claim-Withdrawal Gamesmanship Case:...
Implicit Consideration Suffices for § 3583(d) Treatment Exception in Mandatory Supervised-Release Revocations I. Introduction In United States v. Morgan (5th Cir. Aug. 14, 2026), the Fifth Circuit...
Provisional Unlawful Presence Waivers Do Not Stay Removal; § 1252(g) Allows Pure “Authority” Challenges, but “Lure-to-Arrest” Claims Require Evidence 1. Introduction Alyse Sanchez v. Markwayne Mullin...
Residential Search Warrants Require a Current, Particularized Nexus—Area Drug Activity and Stale Home Facts Defeat Probable Cause and Can Defeat Leon Good Faith United States v. Earl Griffin, Jr....
Fourth Circuit (Unpublished): Sovereign-Citizen Rhetoric Alone Does Not Trigger a Sua Sponte Competency Evaluation, and Consent Waives Confrontation Objections to Rule 15 Video Depositions Case:...
USSG § 2B1.1(b)(16)(B): “In Connection With” Requires Facilitation Findings, Not Mere Proximity I. Introduction United States v. Zerion Franklin (4th Cir. Aug. 14, 2026) addresses a recurring...
Provisional Unlawful Presence Waivers Do Not Implicitly Stay Removal; § 1252(g) Does Not Bar Pure “Authority” Challenges I. Introduction These consolidated appeals arose from a District of Maryland...
AEDPA’s Relitigation Bar Controls Brady Impeachment Claims—Federal Habeas Relief Requires “No Fairminded Disagreement” on Materiality Commentary on Holberg v. Guerrero (5th Cir. Aug. 14, 2026) (en...
Harmless-Error Affirmance of Partial JMOL When a Defense Verdict Resolves Identical Fault Theories 1. Introduction In Shaunda Sanders v. Elmington Property Management, LLC (11th Cir. Aug. 14, 2026)...