exhaustion Case Commentaries

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk

Date: Oct 16, 2026

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk Case: Christopher DeWayne Bonner v. Timothy Ward, No. 24-13016 Court: United States...

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record

Date: Oct 16, 2026

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record Jenyfer Fajardo-Rivas v. Todd Blanche United States Court of Appeals for the Fourth...

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement

Date: Oct 16, 2026

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement Case: United States v. Nazeer Vick Court: United States Court of Appeals for the Fourth...

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability

Date: Oct 16, 2026

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability Case: Gonzales v. United States, No. 26-2078 Court: United States Court of...

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial

Date: Oct 16, 2026

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial Case: Johnson v. Tramm, No. 25-8028 Court: United States Court of Appeals for the Tenth Circuit...

Lewis v. United States: Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years

Date: Oct 16, 2026

Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years Case: Lewis v. United States, No. 25-1036 Court: United States Court of Appeals for the Tenth Circuit Decision...

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit...

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction

Date: Oct 16, 2026

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction Case: United States v. Griego, No. 25-2085 Court: United States Court of Appeals for the Tenth Circuit...

Indian Status as an Affirmative Defense: Defendants Bear Both Burdens Under the General Crimes Act

Date: Oct 16, 2026

Indian Status as an Affirmative Defense: Defendants Bear Production and Persuasion Burdens Under the General Crimes Act Case: United States v. Hebert, consolidated with United States v. Ruiz Court:...

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian Case: United States v. Ruiz, considered en banc with United States v. Hebert Court: United States...

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny

Date: Oct 16, 2026

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny Case: VoteAmerica v. Schwab, No. 25-3138 Court: United States Court of Appeals for...

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation

Date: Oct 16, 2026

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation Commentary on Estate of Ceaser Stinson v. Joel Streicher United States Court of Appeals for the Seventh Circuit,...

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations Case: United States v. Andre Neal-Ford, presented in the opinion as consolidated proceedings involving United States v....

A Full Batson Remand May Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Full Batson Remand May Permit Previously Withheld Strike Explanations Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026 Disposition: Affirmed, with Judge...

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection

Date: Oct 16, 2026

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decided: October 14,...

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate

Date: Oct 16, 2026

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026...

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review

Date: Oct 16, 2026

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review Court: United States Court of Appeals for the Seventh Circuit Decision: October 14, 2026 Opinion:...

A Three-Step Batson Remand Permits Previously Undisclosed Strike Explanations, Subject to Credibility Review

Date: Oct 16, 2026

A Three-Step Batson Remand Permits Previously Undisclosed Strike Explanations, Subject to Credibility Review United States v. Kentrevion Watkins United States Court of Appeals for the Seventh Circuit...

Batson Remands May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection

Date: Oct 15, 2026

Batson Remands May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026...

Renewed Batson Review on Remand: Later Strike Explanations After a Step-One Rejection

Date: Oct 15, 2026

Renewed Batson Review on Remand: Later Strike Explanations After a Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026 Docket: Nos....