Rule 41(g) After Sentencing: State Rebuts Presumptive Entitlement by Showing Property Is Likely Stolen; Movant Must Then Prove Lawful Possession 1. Introduction In Jesse Alexander Mostaert v. The...
Leon Good-Faith Applies Despite Close Probable Cause Where Affidavit Shows Substantial Access (Not Residency) and Alleged Misstatements/Omissions Are at Most Negligent I. Introduction In United...
Martin v. Duran: Barnes “Totality” Review Does Not Justify a Second, Gratuitous Taser Use; No Clearly Established Bar to Late-Night Terry Stop in Government Complex Court: U.S. Court of Appeals for...
Judicial Estoppel in Bankruptcy Nondisclosure Requires a Totality-of-the-Circumstances “Inadvertence or Mistake” Inquiry Keathley v. Buddy Ayers Construction, Inc., 608 U.S. ___ (2026) (Decided June...
§1519 Venue Is Limited to the District of Falsification (Mens Rea and “Contemplated Effects” Do Not Expand Venue) 1. Introduction Abouammo v. United States (608 U. S. ___ (2026)) addresses where a...
OPRA Treats Logs of Government-Related Emails in Officials’ Personal Accounts as Government Records (But Not Whole Personal-Account Logs) I. Introduction In Alex Rosetti v. Ramapo-Indian Hills...
FECA as a “Healthcare Benefit Program” and Full-Account Forfeiture When Commingling Conceals Fraud Proceeds Introduction In United States v. Nourian (5th Cir. June 10, 2026) (per curiam) (not...
McLellan v. Brown: The Second Amendment Permits Categorical, Temporary Disarmament of Recidivist DUI Offenders Without Individualized Dangerousness Findings 1. Introduction In McLellan v. Brown...
Tenth Circuit Jurisdictional Bar to Reviewing Discretionary Denials of Guideline Departures When the District Court Recognizes Its Authority Case: United States v. Trejo-Mendoza (10th Cir. June 11,...
Rule 35(a) Does Not Permit Collateral Attacks on Convictions or Statutes; “Illegal Sentence” Means Statutorily Unauthorized Sentence Introduction State v. Travis Smith (2026 VT 22) is a Vermont...
Chapter 21 Repurchase Actions as a Waiver of Texas Sovereign Immunity (and the Limits Urged by the Hawkins Dissent) I. Introduction In The State of Texas and Kyle Madsen in his Official Capacity as...
Texas “No-Contact” Rule and Pro Se Lawyers: Majority Carve-Out, Concurrence Warns, and Reliance on Ethics Guidance as a Bar to Discipline I. Introduction William W. Ruth v. Commission for Lawyer...
Failure to Submit Local Government Corporation Notes to the Attorney General Eliminates Incontestability—It Does Not Void the Financing Transaction Case: RIVER CREEK DEVELOPMENT CORPORATION AND CITY...
Chapter 21 Repurchase Claims Proceed Against the State: Placement in Texas’s Eminent-Domain Code as a Clear Waiver of Sovereign Immunity Case: The State of Texas and Kyle Madsen in his Official...
Texas Rule 4.02 No-Contact Rule Does Not Apply to Lawyers Appearing Pro Se Introduction In WILLIAM W. RUTH v. COMMISSION FOR LAWYER DISCIPLINE (Tex. June 12, 2026), the Supreme Court of Texas...
Texas Sovereign Immunity Does Not Bar Property Code Chapter 21 Repurchase Suits; Condemnation Filing Triggers “Through Eminent Domain,” Partial Repurchase Permitted, and County Courts at Law Share...
ICWA “Active Efforts” Are Satisfied by Thorough, Multi-Channel Location and Engagement Attempts When Parents Disappear; ICWA Harm Finding Requires Proof of Likely (Not Certain) Serious Damage I....
No Automatic Voidness for Unsubmitted Chapter 431 Debt; PID Assessments May Indirectly Reimburse Out-of-State Bond-Issuance Costs Introduction In RIVER CREEK DEVELOPMENT CORPORATION AND CITY OF...
LCAR Certified Objection Shifts the Full § 842(c)(2) Burden to the Agency (Without Raising the Standard of Proof) Case: Protect Our Wildlife, a nonprofit 501(c)(3) organization v. Fish and Wildlife...
State v. Hirzel (2026 VT 24): No Binding Plea Agreement Without Rule 11(e)(3) Advisement; Extra-Record Victim-Impact Allegations Disclaimed Are Not “Considered”; Curfew Cannot Reduce Jail Time Under...