Harmless-Error Review for Limited 404(b) and CAC-Interview Evidence, Unaffected by Jury Impasse — State v. Giroux (N.H. 2026) 1. Introduction In State of New Hampshire v. Max Giroux (No. 2024-0505),...
Title VI Entity Liability Requires Policy or Authorized Official Knowledge; No Clearly Established Due Process Right in Academic Grading Introduction Arebe Taylor, a Black student originally from...
Firm Resettlement Bar Applies Upon Grant of Mexican Permanent Residence; Private-Actor Gang Threats Do Not Trigger the Restricted-Residence Exception Absent Government-Imposed Constraints I....
Pendent Appellate Jurisdiction to Review Trademark Cancellation When “Inextricably Intertwined” with an Interlocutory Lanham Act Injunction Introduction Hammer Brand, LLC (doing business as Wolf...
Strict Enforcement of § 405(g)’s 65-Day Filing Window and Narrow Equitable Tolling in Social Security Appeals 1. Introduction In John E. Cole, Jr. v. Commissioner, Social Security Administration...
Federal Courts Must Abstain from Florida Property-Tax Exemption Disputes Under the Tax Injunction Act and Comity; Jurisdictional Dismissals Must Be Without Prejudice Case: Joshua Jordan v. Bob...
Upward Variances for Aggravated Reentry: Heavy Weight on Criminal History and “Apples-to-Apples” Limits on Codefendant Disparity Claims 1. Introduction United States v. Cesar Alvarez (11th Cir. Sept....
Attributing Co‑Conspirator Losses Under U.S.S.G. § 1B1.3: Undisputed PSR Facts and Agent Testimony Can Establish Reasonable Foreseeability of Later Fraudulent Orders Introduction In United States v....
Driving an Armed Passenger to a Drug Deal Constitutes “Transport[ing]” a Firearm “in Connection With” the Offense Under U.S.S.G. § 4C1.1(a)(7) Introduction In United States v. Jose David Figueroa...
Potential-to-Facilitate Rule for U.S.S.G. §2K2.1(b)(6)(B) During Vehicular Flight; No Impermissible Double Counting with §3C1.2 Case: United States v. Taris Devoe Hollomon (11th Cir. Sept. 1, 2026)...
Title IX “Control” Is a Functional, Fact-Based Inquiry: Indirect Authority Over a Third-Party Harasser Can Satisfy Davis Case: Jane Doe 1 v. Eastern New Mexico University Board of Regents (10th Cir....
FAA § 1 “Transportation Worker” Exemption Requires a Properly Defined Class Based on Typical Work of the Class as a Whole (Not the Named Plaintiffs) I. Introduction In Joyner v. Frontier Airlines...
Appellate Forfeiture in Public-Meeting Speech Cases: Failure to Preserve and Challenge Independent Grounds Requires Affirmance I. Introduction Case: Spiehs v. Larsen, No. 25-3061 (10th Cir. Sept. 1,...
Post-Hohn Rule: No Presumed Prejudice for Government Intrusions into Attorney–Client Communications in § 2255 1. Introduction In United States v. Gaines (10th Cir. Sept. 1, 2026), Desmond S. Gaines...
Probable Cause to Arrest for Failure to Present Proof of Insurance When Facts Indicate No Proof Exists (Colo. Rev. Stat. § 42-4-1409(3)(a)) Nonprecedential posture: The Tenth Circuit issued this...
Post–Loper Bright Seventh Circuit Rule: Independent Construction of § 1227(a)(2)(E)(i) and a “Unitary” Generic Crime of Child Abuse Requiring (At Least) Criminal Negligence I. Introduction In Maria...
Rule 35(b) Substantial-Assistance Reductions Keep § 3582(c)(2) Eligibility in Play and Trigger § 1B1.10(c)’s Mandatory-Minimum Disregard When a Retroactive Amendment Lowers the Range I. Introduction...
Rule 35(b) Substantial-Assistance Reductions Do Not Break the “Based On Guidelines” Link, and § 1B1.10(c) Removes Mandatory Minimums from the Retroactive-Amendment Recalculation Case: United States...
Due Process Timing for Challenging a Temporary Guardian’s Out-of-State Placement (Review Satisfied by a Full Contested Hearing Before Temporary Order Expiration) 1. Introduction Matter of K.D.G....
State v. J.A. Miller: Uniformed Officer Spectators Are Not Inherently Prejudicial; Unrequested Jury Polling Is Unpreserved; Graphic Photo Error May Be Harmless Under Cumulative Evidence 1....