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ex-parte-yerger:-supreme-court&amp Case Commentaries

“Quintanar v. State”: Georgia Supreme Court Re-anchors Juvenile Confession Analysis on “Coercive-Police-Activity” and Clarifies Limits on Self-Defense & Mutual-Combat Charges

“Quintanar v. State”: Georgia Supreme Court Re-anchors Juvenile Confession Analysis on “Coercive-Police-Activity” and Clarifies Limits on Self-Defense & Mutual-Combat Charges

Date: Jun 30, 2025
“Quintanar v. State”: Georgia Supreme Court Re-anchors Juvenile Confession Analysis on “Coercive-Police-Activity” and Clarifies Limits on Self-Defense & Mutual-Combat Charges I. Introduction...
Turner v. MCCG: Re-defining the Reach of Nestlehutt and Requiring Claim-Specific Analysis of Georgia’s Medical Malpractice Damage Caps

Turner v. MCCG: Re-defining the Reach of Nestlehutt and Requiring Claim-Specific Analysis of Georgia’s Medical Malpractice Damage Caps

Date: Jun 30, 2025
Turner v. MCCG: Re-defining the Reach of Nestlehutt and Requiring Claim-Specific Analysis of Georgia’s Medical Malpractice Damage Caps Introduction In The Medical Center of Central Georgia, Inc. v....
“A Trivial Sum, Not a Treasure Chest” – Georgia Supreme Court Re-defines the Ceiling on Nominal Damages in Walmart Stores East, LP v. Leverette

“A Trivial Sum, Not a Treasure Chest” – Georgia Supreme Court Re-defines the Ceiling on Nominal Damages in Walmart Stores East, LP v. Leverette

Date: Jun 30, 2025
“A Trivial Sum, Not a Treasure Chest” – Georgia Supreme Court Re-defines the Ceiling on Nominal Damages in Walmart Stores East, LP v. Leverette Introduction On 24 June 2025, the Supreme Court of...
Wilson v. State: Georgia Supreme Court Narrows “Common Plan or Scheme” under Rule 404(b) and Clarifies Harmless-Error Review

Wilson v. State: Georgia Supreme Court Narrows “Common Plan or Scheme” under Rule 404(b) and Clarifies Harmless-Error Review

Date: Jun 30, 2025
Wilson v. State: Georgia Supreme Court Narrows “Common Plan or Scheme” under Rule 404(b) and Clarifies Harmless-Error Review 1. Introduction Citation: Wilson v. State, S25A0430, Supreme Court of...
“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts

“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts

Date: Jun 30, 2025
“Model or Miss the Boat” – Sixth Circuit Requires Site-Specific Hydrologic Modeling and Full Rule 26 Compliance for Flood-Causation Experts Introduction In Eugene Baker v. Blackhawk Mining, LLC, No....
Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains

Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains

Date: Jun 30, 2025
Martinez v. Wayne County (2025): Sixth Circuit Defines the Outer Boundary of Next-of-Kin Due-Process Rights over Naturally Decomposed Remains Introduction In Luis Antonio Martinez, Sr. v. Wayne...

        Sixth Circuit Clarifies Two Key Points: 
        (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and 
        (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Sixth Circuit Clarifies Two Key Points: (1) § 3742(a) Does Not Bar Appeals from Denials of Early-Termination Motions, and (2) District Courts Must Show Consideration of § 3553(a) Factors When They Deny Early Termination of Supervised Release

Date: Jun 30, 2025
United States v. Edwin Tavarez – A New Framework for Early Termination of Supervised Release in the Sixth Circuit Introduction In United States v. Edwin Tavarez, No. 23-3666 (6th Cir. 2025), the...

The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute
“Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality

The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute “Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality

Date: Jun 30, 2025
The Zambrano Clarification: Inadvertent Police Misstatements Do Not Constitute “Fabricated Evidence” Absent Proof of Bad-Faith Knowledge and Materiality 1. Introduction Jesus Zambrano v. City of...
Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability

Date: Jun 30, 2025
Confirming Rosemond’s Reach: Advance Knowledge Plus Participation Suffice for 18 U.S.C. § 924(c) Aiding-and-Abetting Liability Introduction United States v. Demetris Campbell, No. 24-3142 (7th Cir....
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations

Date: Jun 30, 2025
“Fresh Enough”: Seventh Circuit Re-Affirms that Two-Week-Old Intelligence Can Sustain Probable Cause for Warrants Targeting Ongoing Drug Operations 1. Introduction In United States v. Gregory Harris,...
United States v. Zhao (7th Cir. 2025):  Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

United States v. Zhao (7th Cir. 2025): Extending the “Supervision-and-Control” Doctrine to Tangible Pandemic-Response Supplies under 18 U.S.C. § 641

Date: Jun 30, 2025
United States v. Tangtang Zhao – Seventh Circuit Clarifies that Physical Items Distributed in National-Emergency Programs Remain “Government Property” Where the United States Retains Functionally...
“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals

“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals

Date: Jun 30, 2025
“From Notice to Nowhere:” DHS v. D.V.D. and the Supreme Court’s Expansion of Executive Latitude in Third-Country Removals Introduction In Department of Homeland Security v. D.V.D., 606 U.S. ___...
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks

Date: Jun 30, 2025
Homeschooling Does NOT Erode the Castle: McMurry v. Weaver and the Re-affirmation of Robust Fourth-Amendment Protection in Child-Welfare Checks 1. Introduction The United States Court of Appeals for...
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II

Date: Jun 30, 2025
“Applicable Law” Is Not Enough: Fifth Circuit Re-Affirms the Strict Federal-Enclave Rule in Vinales v. AETC II 1. Introduction In Vinales v. AETC II Privatized Housing, L.L.C., No. 24-50113 (5th Cir....
Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Tartt v. USD 475: Clarifying Decision-Maker Knowledge & Affidavit Admissibility in Title VII Litigation

Date: Jun 30, 2025
Tartt v. Unified School District No. 475 Clarifying Decision-Maker Knowledge and Affidavit Admissibility in Title VII Litigation Introduction Merrier A. Jackson Tartt, an experienced Black educator...
But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

But-For Causation and Particularized Pleading Under the FCA & AKS: A Comment on Flanagan v. Fresenius Medical Care Holdings, Inc. (1st Cir. 2025)

Date: Jun 30, 2025
But-For Causation and Particularized Pleading Under the FCA & AKS: A Commentary on Flanagan v. Fresenius Medical Care Holdings, Inc., No. 23-1305 (1st Cir. 2025) 1. Introduction The United States...
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry

Date: Jun 30, 2025
First Circuit Clarifies COVID-19 Contract Defenses: Frustration of Purpose Demands Fact-Intensive Inquiry Introduction In SMS Financial Recovery Services, LLC v. Samaritan Senior Village, Inc. (1st...
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing – A Commentary on Davis v. Guerrero (2025)

Date: Jun 29, 2025
Fifth Circuit Heightens Relevance Scrutiny for Religious-Affiliation Evidence in Capital Sentencing Commentary on Davis v. Guerrero, 24-70008 (5th Cir. June 26 2025) 1. Introduction Irving Alvin...
State “Saving Constructions” and Pre-Compliance Review:  The Principle from Spirit Aerosystems v. Paxton

State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton

Date: Jun 29, 2025
State “Saving Constructions” and Pre-Compliance Review: The Principle from Spirit Aerosystems v. Paxton Introduction On 26 June 2025 the United States Court of Appeals for the Fifth Circuit decided...
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera

Date: Jun 29, 2025
Re-Urged Summary Judgment as Rule 50 Preservation & the Fact-Specific Nature of “Clearly Established” Rights: A Commentary on Trabucco v. Rivera Introduction The Fifth Circuit’s decision in Trabucco...
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