Qualified Immunity During Active Resistance: General “Disproportionate Force” Principles Do Not Clearly Establish Excessive-Force Limits 1. Introduction Case: Rafael Cendan v. Officer Jose Trujillo...
Eleventh Circuit: Pro Se Litigants Must Receive Court-Directed Notice and One Meaningful Chance to Replead Before With-Prejudice Dismissal; Rule 58 Separate-Judgment Requirement Controls Appeal...
Plain-Error Limits on Plea-Agreement Breach Claims and Guilty-Plea Waiver of Geofence Suppression Issues Case: United States v. Scott Carpenter, Jr. (11th Cir. Sept. 4, 2026) (per curiam) (not for...
TVPA Fee Awards: When a “Rare Case” Justifies Above-Forum Rates and Multi-Timekeeper Staffing I. Introduction Moore v. Rubin (2d Cir. Sept. 4, 2026) addresses a recurring, high-stakes question in...
Merger Doctrine at the Pleading Stage: Opinion-Based Price Lists Cannot Be Dismissed Without a Factual Record on Methodology and Numerical Range 1. Introduction In Rapaport v. Nivoda (2d Cir. Sept....
Appellate Waiver for Pro Se Deficient Briefing: Failure to Cite the Record or Attack Dispositive Grounds Requires Affirmance Introduction Cook v. Albany County Board of County Commissioners (10th...
§ 922(g)(1) Unanimity Rule: Jury Need Not Agree on the Specific Firearm or Ammunition Possessed Case: United States v. Miguel Rivera, A/K/A Macho (2d Cir. Sept. 3, 2026) Court: United States Court of...
Cabined Delegation Rule for Third-Party Risk Notifications in Supervised Release: Courts May Authorize Probation to Identify At-Risk Third Parties When the Court Defines the Risk 1. Introduction In...
“Pending” Includes the Rule 59(e) Post‑Judgment Window: CNMI Courts Must Apply PL 23‑17 Survivorship Retroactively to Nonfinal Cases 1. Introduction Deleon Guerrero v. St. Jude Renal Care Facility,...
State Need Not Prove Provocation Exception Once It Disproves Any Element of Self-Defense Introduction In State v. Guerrero (Conn. Sept. 8, 2026), the Connecticut Supreme Court affirmed a murder...
“Place of Employment Address” Means the Physical Worksite Under R.C. 2950.05(F)(2): No Vagueness As Applied to Multi-Week Offsite Assignments 1. Introduction In State v. Smith, Slip Opinion No....
Missouri Referendum Power Extends to Congressional Redistricting Acts: “Any Act of the General Assembly” Means Any Act 1. Introduction In von Glahn vs. Hoskins (Mo. banc Sept. 3, 2026), the Supreme...
Harris v. Hoskins: Certificates of Insufficiency Must State Specific Reasons; Secretary of State Cannot Vacate and Re-Certify an Initiative Ballot Title 1. Introduction In Harris v. Hoskins (Mo. banc...
Knighten v. VitalCore: McArn Wrongful-Discharge Claims Require Reported Conduct Warranting Criminal Penalties; Swindol Does Not Broaden McArn 1. Introduction In Knighten v. VitalCore Health...
De Novo Review of Ambiguously Marked “Logo Ballots” in Alabama Election Contests 1. Introduction Maxwell “Mike” Blackmon v. Randy Brock (Appeal from Conecuh Circuit Court: CV-22-6) is an Alabama...
Ecclesiastical-Abstention Is Not Jurisdictional Where Neutral Principles Can Decide Church-Property Deed Validity (and § 10A-17-1.06’s Statement-of-Authority Requirements) 1. Introduction Cassandra...
Judicially Enforceable “Clear and Concise” Yes/No Effect Statements: Substantial-Compliance Review Under Idaho Code § 34-1810(1)(b) I. Introduction Idahoans United v. McGrane/Labrador [SUBSTITUTE] is...
Tie Elections Require Accounted Ballots and Promulgated “Lot” Procedures; Courts May Order a Completion Election Under HRS § 11-175 I. Introduction Souza v. Nago (Haw. Sept. 4, 2026) is a...
State v. Cook: CPS-Fear Statements as Inextricably Intertwined Evidence and Strict Specificity for Ineffective-Assistance Claims on Direct Appeal Case: State v. Cook, 322 Neb. 114 (Neb. Sept. 4,...
Setoff in Probate Requires an Enforceable Debt Owed to the Estate; “Shall Not Collect” Eliminates Setoff Case: In re Estate of Mueller (Kan. 2026-09-04) Court: Supreme Court of Kansas Core holding...