Eleventh-Hour DNA Act Motions: No Testing When Favorable DNA Would Not Create a Reasonable Probability of a Different Outcome and Timing Shows Dilatory Purpose Introduction In Tony Carruthers v....
Uniformity Clause Limits on Revenue-Driven, Monetary-Threshold Assessment Appeals (Donohue, J., Dissent) 1. Introduction Downingtown Area School District v. Chester County Board of Assessment Appeals...
Uniformity Clause Primacy Over Revenue Maximization: Monetary-Threshold Assessment Appeals Cannot Systematically Target Commercial Property Introduction Downingtown Area School District v. Chester...
Uncontested PURA RPS Determinations Are Not Appealable “Final Decisions,” but Declaratory-Judgment Review Remains Available via §§ 4-176/4-175 When the Dispute Turns on the Applicability of the RPS...
Passport Denials Trigger § 1503(a)’s Five-Year Clock and Bar APA/Mandamus Nationality Workarounds I. Introduction In Cortez v. Rubio (5th Cir. May 18, 2026), Hector Xavier Cortez sued the Secretary...
Morris v. United States: Negligent Undertaking Claims Survive FTCA Misrepresentation and Discretionary-Function Bars When the Gravamen Is Failure to Act After Undertaking Protective Steps Court:...
Firearms-for-Drugs Texts as “Intrinsic” Evidence and Anders Affirmance in a § 841 Death-Resulting Case (Third Circuit) 1. Introduction In United States v. Frederico Rosario (3d Cir. May 18, 2026)...
Tenth Circuit Limits Interlocutory Qualified-Immunity Appeals to the District Court’s “Fact Universe” and Treats Viewpoint Discrimination in Limited Public Forums as Clearly Established Introduction...
Pinegar: Voir Dire Judicial-Misconduct Claims Require Actual Prejudice; Targeted Threats Can Satisfy § 6-2-505 “Reckless Disregard of Evacuation” 1. Introduction In Byron W. Pinegar, Jr., v. The...
Aleksey: Developmental-Period Evidence and Cross-Examination Constraints in Atkins PCR Proceedings Case: Bayan Aleksey v. State of South Carolina (S.C. Sup. Ct., Opinion No. 28333, filed May 20,...
Purported Tribal Waiver Cannot Create Oklahoma State-Court Jurisdiction When Tribal Leadership Is Contested (Intratribal Governance Disputes Are Nonjusticiable) Introduction ANDERSON v. PARISH, 2026...
Factual Disputes Bar Interlocutory Qualified-Immunity Review; State-Law Immunity Must Be Raised Below 1. Introduction In Rayshawn Walden v. City of Detroit, Michigan, No. 25-1919 (6th Cir. May 20,...
Corea v. Blanche: Substantial-Evidence Review for Cancellation Hardship and IJ-Level Exhaustion of Procedural Constitutional Claims Court: U.S. Court of Appeals for the Sixth Circuit Date: May 20,...
Plain-English “Complete Search” Consent Authorizes Seizure and Off-Site Forensic Review of a Phone; Calm In-Home Interview Is Not Miranda Custody Case: United States v. Michael James (No. 25-3552) |...
Post-Conviction Fingerprint/DNA Testing: No Procedural Due Process Violation Absent a Cognizable Liberty-Interest Deprivation, and “Reasonable Probability” May Be Assessed Against the Trial Record I....
AEDPA Deference to State Faretta Waivers: Von Moltke Plurality Not “Clearly Established,” and Brief Risk Warnings Can Suffice 1. Introduction Steve Ellis Karacson v. David Shaver, Warden is a federal...
PCC Airfoils and the Sixth Circuit’s Rejection of a “Clear and Convincing Evidence” Checklist for Preliminary Injunctions 1. Introduction In PCC Airfoils, LLC v. Justin Daugherty (6th Cir. May 19,...
Reliable Confidential-Source Tips that Predict Future Conduct, Combined with Observed Traffic Violations, Supply Reasonable Suspicion for a Vehicle Stop Introduction In United States v. Pernell...
Omissions of Key Events and Evasive Testimony Sustain Adverse Credibility Findings in Asylum/CAT Review Introduction In Gary Barnes v. Attorney General United States of America (3d Cir. May 19, 2026)...
Misjoinder in Prisoner § 1983 Litigation: Courts Should Permit Amendment and Prefer Severance Over Dismissal When Limitations Prejudice May Result I. Introduction In Rodney Anderson v. Kevin Kauffman...