“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility 1. Introduction Guerrero Orellana...
No Strickland Prejudice from Omitted Justification Charge When Evidence of Intentional Killing Is Overwhelming 1. Introduction In Lafargue v. State (Supreme Court of Georgia, Aug. 13, 2026), Ricky...
Non-Debtor Contractors Lack “Person Aggrieved” Standing to Appeal Title III Stay Orders Absent Direct, Creditor-Protective Pecuniary Harm Case: LUMA Energy LLC v. Puerto Rico Dep't of Consumer...
Florida Felony Battery Remains a Guidelines “Crime of Violence” After Borden: Borden Does Not Abrogate Vail-Bailon 1. Introduction In United States v. Thomas Sheely, Jr. (11th Cir. Aug. 13, 2026),...
NRS 52.325 Is Not the Exclusive Method to Authenticate Medical Records Produced in Discovery; Incompleteness Goes to Weight, and Medical Liens Are Admissible to Show Bias 1. Introduction Case:...
Statute of Limitations Bars Remedies, Not Contractual Compliance: Time-Barred Share Transfers Cannot Confer “Group B” Status to Validate Later Transfers I. Introduction Robert Martin v. Eric Bischoff...
Parker v. The Borsello Companies, Inc.: Deferential “Substantial Evidence” Review, Flexible Evidence Rules Before the IAB, and Strict Issue Preservation on Appeal 1. Introduction Prince Parker...
Tapia Limits Do Not Govern Delaware VOP Sentencing; VOP Admissions Waive Contested Hearing 1. Introduction In Banks v. State (Del. Supr. Aug. 10, 2026), the Delaware Supreme Court affirmed a Superior...
Amendment 833 Is a Substantive Guideline Change and Cannot Be Applied Retroactively on Direct Appeal Case: United States v. Kenneth Steele (11th Cir. Aug. 11, 2026) (per curiam) (Not for Publication)...
Renewed Compassionate-Release Motions: Controlled Medical Conditions Fail Under U.S.S.G. § 1B1.13(b)(1), and Courts May Reaffirm Prior § 3553(a) Findings Absent Material Change Case: United States v....
Attempts to Produce Child Pornography Qualify as “Prohibited Sexual Conduct” and Can Establish a § 4B1.5(b) “Pattern of Activity” I. Introduction In United States v. Gilberto Vazquez Gomez (11th Cir....
Deadly Force Is Reasonable Against an Advancing, Armed, Noncompliant Suspect Despite Low-Level Offense; Nonverbal Warning May Suffice 1. Introduction In Wilver Catarino v. Banks County Sheriff (11th...
Pleading Deliberate Indifference After an Inmate Murder: Lane-Like Allegations at One Prison Suffice, and Doe Defendants Should Not Be Dismissed Where Discovery Will Unmask Redacted Officers 1....
Reopening Bar for Eritrea Claims: Diaspora Activism and Family Targeting Treated as Personal Circumstances Absent Material Country-Condition Change 1. Introduction In Daniel Habtemariam v. U.S....
“Understanding” Testimony Identifying a Phone Number Is Not Hearsay When Offered to Explain Investigative Steps; Strong Presumption Against Impeachment with Stale Convictions I. Introduction In...
Loss Attribution Under U.S.S.G. § 1B1.3(a)(1)(B) Requires Substantial Evidence of a Jointly Undertaken Agreement—Foreseeability Alone Is Not Enough I. Introduction In United States v. Julian Lopez...
Rule 9(b) Requires Particularized Pleading of Reliance for Florida Fraud-Based Claims (Including Aiding-and-Abetting and Conspiracy) Introduction In Sharon McTurk v. Lottery.com, Inc. (11th Cir. Aug....
ADA Causation in Failure-to-Accommodate Claims: Termination May Be Attributable to Ignored Accommodation Requests Even When the Firing Decisionmaker Lacks Disability Knowledge 1. Introduction In...
Retaliation Requires Decisionmaker Knowledge of Protected Activity, and Appellate Review Requires Challenging Each Independent Ground 1. Introduction In Ronald King v. Day & Zimmermann NPS, Inc....
Pleading Sets the Case: Summary Judgment Evidence Must Match the Disparate-Treatment Theory Plausibly Alleged in Union Referral Disputes 1. Introduction Ronald King, Anthony Robinson, Chris Samuel,...