Strickland Prejudice Required to Excuse Procedural Default of a Plea-Breach Sentencing Claim Introduction In Demond Liles v. V. Michael Fisher (Sixth Cir. Aug. 6, 2026), Demond D. Liles sought...
No §1983 “Color of Law” Without Manifestation of Office; Child-Safety Exigency Does Not Justify Forced Drug Testing Once Children Are Removed 1) Introduction Knighton v. Benton County (5th Cir. Aug....
Post-Hunter Enforcement of Sentence-Appeal Waivers: Only “Obvious” Miscarriages of Justice Void the Waiver 1. Introduction In United States v. Evan Graves (11th Cir. Aug. 6, 2026) (unpublished), the...
Fifth-Amendment Unavailability as “Good Cause” and Video-Corroborated Reliability for Hearsay at Supervised-Release Revocation 1. Introduction In United States v. Delrico Clyburn (3d Cir. Aug. 6,...
Cash-Collateral Bar Dates and Confirmation Orders Preclude Post-Deadline Lien-Priority Challenges by Later Note Assignees Introduction Adler v. Energy Debt Holdings (5th Cir. Aug. 6, 2026) arises...
Negative Eyewitness Testimony and Rule 59 Deference: Upholding Defense Verdicts in Negligence Per Se Lane-Change Cases I. Introduction In Masek v. Peterson (10th Cir. Aug. 6, 2026), Ashton Masek, a...
Inadvertent Submission of a Demonstrative Exhibit to the Jury Does Not Warrant a New Trial Absent a Reasonable Possibility of Influence I. Introduction Estate of Jeremy Bellamy, deceased, through its...
United States v. Deluna: Harmless-Error Treatment of Potentially Coerced Interview Confessions and Relevance of Firearms Displays/Photos in Straw-Purchase Prosecutions Introduction In United States...
Magistrate’s Nondelegable Article 15.17 Duty and No Clearly Established Sixth Amendment Right to Counsel at the Article 17.151 Affordable-Bail Deadline Introduction Rivera Castelan v. Taylor (5th...
Maryland Transmission CPCN Applicants May Obtain Pre-CPCN Survey Entry Under RP § 12-111 Despite PU § 7-207’s Condemnation Timing 1. Introduction Case: PSEG Renewable Transmission LLC v. Arentz...
Failure to Object to a Magistrate Judge’s Suppression Recommendation Forfeits Appellate Review; “Government-Agent” Conspiracy Instruction Required Only Where Risk of Agent-Only Agreement Is...
Alternative-Sentence Harmless Error and Continued Binding Effect of Rozier/Richardson After Bruen, Rahimi, Kisor, and Dupree I. Introduction In United States v. Aunyis Cherry (11th Cir. Aug. 6, 2026)...
Reasonably Equivalent Value in Family Debt-Release Transfers: Corporate Loans Are Not Personal Guaranties Absent Clear Contractual Commitment (Sixth Circuit) Introduction Kathleen Sullivan v. Timothy...
Rogers v. Espinoza: Abandonment of Excessive-Force Claims and the Need for Bystander-Specific Clearly Established Law (with Scott v. Harris Video Review) I. Introduction In Rogers v. Espinoza (5th...
Debtor Must Attend § 727 Trial Without Subpoena, but One-Day Absence Is Harmless Absent Prejudice; Discharge Appeal Is Final Despite Sanctions Remand 1) Introduction Case: Black v. Triplett (5th Cir....
Repeal-and-Replace Ordinance Moots Preliminary-Injunction Appeal and Bars Pendent Appellate Review 1. Introduction Scannell Properties #516, LLC and Scannell Properties #673, LLC (collectively,...
Revocation and Reimposed, Time-Limited Internet/Social-Media Conditions Are Valid When Individually Tailored to Supervised-Release Violations and Reoffense Risk Case: United States v. Randall Hayes...
Decisionmaker Knowledge Is Essential to § 1981 Retaliation Causation; Temporal Proximity Alone (Three Months) Cannot Overcome Unrebutted No-Knowledge Evidence 1. Introduction In Whiticar v. Parish...
Anticipatory (At-Issue) Waiver Requires Affirmative Reliance—Relevance to Bad Faith Is Not Enough I. Introduction In re Prime Holdings Insurance Services, Incorporated; Prime Insurance Company (5th...
Rule 56(a) Requires an Explainable Summary-Judgment Ruling: Fifth Circuit Limited Remand When Coverage Exclusion Decision Lacks Reasoned Analysis 1. Introduction In Frontier Custom Builders,...