De La Cruz v. State: HRS § 12-41(b) “Ten Percent” Uses Candidate Votes Only; Hustace v. Doi Controls Equal-Protection Challenges to Nonpartisan Advancement Rules 1. Introduction Case: De La Cruz v....
“No Deal” Testimony Triggers a Napue Duty to Correct Any Misleading Denial of a Cooperation Agreement—Disclosure to the Defense Does Not Cure Jury Misimpressions 1. Introduction Bryan v. Commissioner...
Brady/Giglio Requires Disclosure of Unilateral Charging Decisions Conferring Benefits on a Cooperating Witness (Even Without a Proven “Deal”) I. Introduction Bryan v. Commissioner of Correction...
Sua Sponte Dismissals, Delayed-Appeal Gatekeeping, and Mandatory Privacy Redaction in Ohio Supreme Court Case Announcements (Sept. 1, 2026) 1. Introduction The Supreme Court of Ohio’s September 1,...
Municipal Charter-Amendment Petitions in Ohio: Signature Threshold Based on Votes Cast and Mandatory Special-Election Submission I. Introduction In State ex rel. Blankenship v. Trenton City Council,...
Statutory Damages for Wrongful Denial of Prison Video Records Despite Later Overwrite; Work Contact Information May Not Be Redacted Absent a Statutory Exemption I. Introduction Case: State ex rel....
Conditional Treatment Recommendations Render First-Time Methamphetamine Sentences Illegal Under 9 GCA § 67.401.12 Case: People of Guam v. Colleen Sherise Castillon Yurko, 2026 Guam 9 (Supreme Court...
Second Circuit Adopts the “Maxwell Rule”: Appeals May Be Dismissed for Nonpayment of Sister-Circuit Rule 38 Sanctions in Related Matters 1. Introduction Arrowhead Capital Finance, Ltd. v. Picture Pro...
Second Circuit Adopts a Multi-Factor Test for When Denial of Leave to Amend Precludes a Later Suit 1. Introduction Trireme Energy Development v. RWE Renewables (2d Cir. Sept. 1, 2026) addresses a...
Default Is Unavailable When Rule 12(a)(3)’s 60-Day Clock Has Not Run From Service on the U.S. Attorney (and Timely Extensions Defeat Default) 1. Introduction In Crowe v. Gee, No. 25-2118 (10th Cir....
No Collateral-Order Appellate Jurisdiction Over § 4241(b) Competency-Evaluation Orders for Already-Detained Defendants Introduction In United States v. Bayne (10th Cir. Sept. 1, 2026), the Tenth...
Major Upward Variances Affirmed When District Courts Tie Gratuity of Violence, Gang Function, and Leadership Role to § 3553(a) Factors Introduction In United States v. George (10th Cir. Sept. 1,...
Implied-Consent Blood Draws in Montana Require Record Evidence of Understanding and Voluntary Consent; Good-Faith Reliance Must Be Preserved Below Case: State v. Laroque, 2026 MT 209 (DA 25-0465)...
Post-Floyd Indivisibility of Texas Robbery Eliminates Garrett Harmlessness for Johnson ACCA Residual-Clause Errors I. Introduction In United States v. Senegal (5th Cir. Aug. 31, 2026) (not designated...
Eleventh Circuit: Non-Comparator “Same-Misconduct” Evidence and Shifting Explanations Can Create a Convincing Mosaic (and Pretext) Defeating Summary Judgment Case: Anne Guthrie (Administrator for the...
No “Office of Relator”: FCA Qui Tam Relators Are Not Article II Officers Because They Do Not Hold a Continuing Position 1. Introduction Case: Clarissa Zafirov v. Florida Medical Associates, LLC (with...
Deferential Mixed-Question Review of “Exceptional and Extremely Unusual Hardship,” with No Appellate Jurisdiction over Underlying Hardship Facts Introduction In Espinoza Benitez v. Blanche (1st Cir....
Conceivable Privacy Rationale Sustains “No-X” Birth-Certificate Policy Under Rational Basis Review Introduction In de la Fuente Díaz v. Gonzalez Colon (1st Cir. Sept. 1, 2026), six nonbinary persons...
Probation-Revocation Sentencing: No Separate On-the-Record Justification Required to Impose the Statutory Maximum Under 9 GCA § 80.66(b) I. Introduction In People of Guam v. Michael John Toves...
Owner-Occupied “Guest” Restrictions Upheld: “Guest” Means Invitee, Not Tenant, and Falls Within RSA 674:16 General Welfare Zoning Authority Introduction In Christopher Andrews & a. v. Kearsarge...