exhaustion Case Commentaries

First Step Act Sentence Reductions Do Not Automatically Reclassify an Offense for Supervised-Release Revocation

Date: Nov 7, 2026

First Step Act Sentence Reductions Do Not Automatically Reclassify an Offense for Supervised-Release Revocation Case: United States v. Rodriguez Jones, No. 25-12883 Court: United States Court of...

Fourth Circuit Leaves Intact Constitutional Protection for Specified Intelligence-Agency Termination Procedures

Date: Nov 7, 2026

Fourth Circuit Leaves Intact Constitutional Protection for Specified Intelligence-Agency Termination Procedures Case: John Doe 1 v. Office of the Director of National Intelligence Court: United...

Anders Review After Resentencing: The Mandate Rule Limits Which Issues May Be Reopened

Date: Nov 7, 2026

Anders Review After Resentencing: The Mandate Rule Limits Which Issues May Be Reopened United States v. Marquis Mack, No. 25-4622, United States Court of Appeals for the Fourth Circuit, November 3,...

Removal Unanimity Extends to Diverse Defendants, and Improper-Joinder Review Must Not Become a Merits Trial

Date: Nov 7, 2026

Removal Unanimity Extends to Diverse Defendants, and Improper-Joinder Review Must Not Become a Merits Trial Case: Guerdan v. State Automobile Court: United States Court of Appeals for the Fifth...

Union-Election Challenges: Credibility, Agency, and Dissemination Under Substantial-Evidence Review

Date: Nov 7, 2026

Union-Election Challenges: Credibility, Agency, and Dissemination Under Substantial-Evidence Review Case: NLRB v. Hotel Equities Group Court: United States Court of Appeals for the Fifth Circuit...

Olivas v. City of Midland: No Plain Error in Finding an Accommodation-Based Retaliation Claim Unexhausted

Date: Nov 7, 2026

Olivas v. City of Midland: No Plain Error in Finding an Accommodation-Based Retaliation Claim Unexhausted Court: United States Court of Appeals for the Fifth Circuit Date: November 3, 2026 Case: No....

Failed Sobriety Tests and Probable Cause: Municipal Liability Requires an Underlying Constitutional Violation

Date: Nov 7, 2026

Failed Sobriety Tests and Probable Cause: Municipal Liability Requires an Underlying Constitutional Violation Case: Qashou v. City of San Antonio, No. 25-51051 Court: United States Court of Appeals...

Orally Adopted Supervised-Release Conditions: Record-Based Affirmance Despite Unverified Counsel Review

Date: Nov 7, 2026

Orally Adopted Supervised-Release Conditions: Record-Based Affirmance Despite Unverified Counsel Review United States v. Bell, No. 25-20208, United States Court of Appeals for the Fifth Circuit,...

Unauthorized Successive Habeas Petitions: Transfer Is the Rule, Dismissal the Exception

Date: Nov 7, 2026

Unauthorized Successive Habeas Petitions: Transfer Is the Rule, Dismissal the Exception Madden v. Herbert, No. 26-485, United States Court of Appeals for the Second Circuit, decided November 4, 2026....

Pro Se Claims Must Satisfy Jurisdiction, Plausible Pleading, and Appellate Preservation Requirements

Date: Nov 7, 2026

Pro Se Claims Must Satisfy Jurisdiction, Plausible Pleading, and Appellate Preservation Requirements Case: Aaebo-Akhan v. Akhan, No. 26-3009 Court: United States Court of Appeals for the Tenth...

Court Access Requires an Arguable Claim; Prison Transfers Cannot Punish Protected Grievances

Date: Nov 7, 2026

Court Access Requires an Arguable Claim; Prison Transfers Cannot Punish Protected Grievances Jones v. Brown United States Court of Appeals for the Tenth Circuit No. 24-1442 — November 4, 2026...

Advocacy for the Agreed Sentencing Recommendation Does Not, Without More, Breach a Plea Agreement

Date: Nov 7, 2026

Advocacy for the Agreed Sentencing Recommendation Does Not, Without More, Breach a Plea Agreement Case: United States v. Tuell, No. 26-5086 Court: United States Court of Appeals for the Tenth Circuit...

Child-Contact Restrictions May Stand When the Sentencing Record Supplies the Rationale

Date: Nov 7, 2026

Child-Contact Restrictions May Stand When the Sentencing Record Supplies the Rationale Case: United States v. Dovid Akiva Shenkman Court: United States Court of Appeals for the Sixth Circuit Date:...

Suicide After Police Release: Limits on Deliberate-Indifference and State-Created-Danger Liability

Date: Nov 5, 2026

Suicide After Police Release: Limits on Deliberate-Indifference and State-Created-Danger Liability Case: Maria Menas v. Township of Washington Court: United States Court of Appeals for the Third...

Continuing Pain Does Not Bar Termination of Temporary Total Disability Benefits After Maximum Medical Improvement

Date: Nov 5, 2026

Continuing Pain Does Not Bar Termination of Temporary Total Disability Benefits After Maximum Medical Improvement Case: David Martinez v. State of Wyoming, Ex Rel. Department of Workforce Services,...

Specific Jurisdiction Reaches Out-of-State Harm Connected to an Oklahoma-Centered Ownership Agreement

Date: Nov 5, 2026

Specific Jurisdiction Reaches Out-of-State Harm Connected to an Oklahoma-Centered Ownership Agreement SCHRAMMEL & WARD v. COLYER HEREFORDS AND ANGUS, INC., 2026 OK 78 — Supreme Court of Oklahoma...

Probable Cause Determinations Are Not Immediately Appealable: State v. Miller

Date: Nov 5, 2026

Probable Cause Determinations Are Not Immediately Appealable: Postconviction Review Remains the Proper Route Case: State v. Miller (Order on Motion), 355 Conn. 936 (SC 21286) Court: Supreme Court of...

Explaining Continued Cross-Examination Without Commenting on Disputed Facts Does Not Violate OCGA § 17-8-57

Date: Nov 5, 2026

Explaining Continued Cross-Examination Without Commenting on Disputed Facts Does Not Violate OCGA § 17-8-57 Case: BLACKWELL v. State, No. S26A1628 Court: Supreme Court of Georgia Decided: November 3,...

Challenges to a Statute’s Constitutionality in Georgia Criminal Cases Require Service on the Attorney General

Date: Nov 5, 2026

Challenges to a Statute’s Constitutionality in Georgia Criminal Cases Require Service on the Attorney General Case: TRAMMELL v. State, No. S26A1334 Court: Supreme Court of Georgia Decided: November...

Chairless Elections Commission: One Member May Trigger Mandatory Staff Support to Convene

Date: Nov 5, 2026

Chairless Elections Commission: One Member May Trigger Mandatory Staff Support to Convene Case: Cushnie v. Nago Court: Supreme Court of Hawaiʻi Date: October 30, 2026 Proceeding: Original petition...