OEC 601 Competency Is Witness-Wide: Courts May Not Exclude Testimony on a Specific Fact Based on Memory Quality I. Introduction State v. Benton, 375 Or 334 (Or 2026), arises from a homicide...
Gang-Rivalry Motive Evidence Is Noncharacter When It Shows Situational Hostility From Group Status, Not Violent Disposition I. Introduction State v. Herring, 375 Or 350 (2026), is an Oregon Supreme...
§ 3582(c)(2) After Amendment 821: District Courts May Deny a Zero-Point-Offender Reduction Based on § 3553(a) and Consider “Obstructive” Offense Conduct Even Without a § 3C1.1 Enhancement 1....
Mississippi Judicial Estoppel After Bankruptcy Dismissal Without Discharge: “Acceptance” Is Revoked Case: Quinton Strong v. Acara Solutions, Inc. Court: Supreme Court of Mississippi (en banc) Date:...
"Sue and Be Sued" Does Not Waive Sovereign Immunity for Tort Victims’ Fund Payment Demands; § 537.690 Review Is the Exclusive Consent-to-Suit Path 1. Introduction Jones vs. Missouri Labor and...
Speculation Is Not Disenfranchisement: Annexation/SEMS Delays and Affidavit Voting Do Not Void a Mississippi Election Without Proof of Denied Votes or Lost Electoral Integrity Case: Comelia Walker v....
MDOC May Define “Trusty Status” and Exclude Attempted Murder; Trusty Time Is Not an Entitlement and Its Denial Does Not Increase a Sentence 1. Introduction Nomatter Hudson v. Mississippi Department...
Suggestive-Identification Challenges Are Waived on Direct Appeal Absent a Timely Trial Objection I. Introduction In Savion Winters v. State of Mississippi (Miss. June 4, 2026), the Supreme Court of...
Civil Contempt Cannot Enforce a Vague “Hold Harmless” Divorce Provision Absent Clear-and-Convincing Proof of Willful Refusal to Comply 1. Introduction Case: Louise Gombako-Amos v. Corey Rene Amos...
Temporal Evidence Required for Constructive Notice Under Texas “Time-Notice” Rule—Employee Proximity and Inspection Policies Alone Do Not Suffice Case: Esteves v. Lowe's Home Centers (No. 25-40663)...
Penalty Statutes Do Not Expand Substantive Wildlife Crimes; Conspiracy Indictments Fail When They Include Non-Criminal “Purchase” Objects (Commonwealth v. Antle) Introduction In Commonwealth v. Antle...
FCC §503(b)(4) Forfeiture Orders Do Not Trigger a Seventh Amendment Jury Right Until §504 De Novo Enforcement Introduction FCC v. AT&T, Inc. (consolidated with Verizon Communications, Inc. v. Federal...
Conditional Habeas Writs: “No Utilizing” an Identification Bars Implicit In‑Court Identification at Retrial; Jurisdiction Persists Absent Clear Vacatur, and CVRA Rights Must Be Asserted by the Victim...
High Dissimilarity Defeats Preliminary-Injunction Dilution Claims (Even Post-TDRA) and Conceptual Weakness Tempers Commercial Strength in Trade Dress 1. Introduction The Scotts Co. LLC v. The Procter...
Receivership Stay Orders Are Not Appealable as Injunction Modifications: Fifth Circuit Limits § 1292(a) and Invokes Rule 38 Show-Cause 1. Introduction Case: SEC v. Barton, No. 25-11043 (5th Cir. June...
Appraisal Payment May Moot the Contract Claim, But “Breach” Still Goes to the Jury as an Element of Virgin Islands Bad Faith 1. Introduction RLF Nazareth LLC v. York RSG (International) Limited;...
Wessel v. Virginia State Bar — Deception About Trial Intent, Mandatory Withdrawal After Discharge, and the Non-Delegable Duty to Promptly Disburse Undisputed Settlement Funds Court: Supreme Court of...
Summary Judgment First: Ecclesiastical Abstention Cannot Dispose of Church-Property Cases Where Membership Is a Material Fact in Dispute Case: Shalom Presbyterian Church of Washington v. Atlantic...
SEC Disgorgement Requires No Proof of Investor Pecuniary Loss: “Victim” Status Turns on Invasion of Legally Protected Interests Case: Sripetch v. Securities and Exchange Commission, 608 U. S. ___...
Hikma v. Amarin: Pleading “Active Steps” for §271(b) Inducement—Affirmative Encouragement, Not Possible Reader Inferences 1. Introduction Hikma Pharmaceuticals USA Inc. v. Amarin Pharma, Inc. (608 U....