federal Case Commentaries

Implied Threat Findings Uphold 18 U.S.C. § 922(g)(8)(C)(ii) Against Facial Second Amendment Challenge

Date: May 23, 2025

Implied Threat Findings Uphold 18 U.S.C. § 922(g)(8)(C)(ii) Against Facial Second Amendment Challenge Introduction United States v. Brown (10th Cir. May 22, 2025) addresses whether 18 U.S.C. §...

Reaffirming the “Clear and Unequivocal” Invocation Standard and AEDPA Deference in Federal Habeas Appeals: Ruhl v. Williams

Date: May 23, 2025

Reaffirming the “Clear and Unequivocal” Invocation Standard and AEDPA Deference in Federal Habeas Appeals: Ruhl v. Williams Introduction Ruhl v. Williams is a 2025 decision of the United States Court...

Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions

Date: May 23, 2025

Corroborated Identification and Video Evidence as a Sufficient Basis for Carjacking Convictions Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Jimmy Dale...

Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC

Date: May 23, 2025

Miranda Custody Standard and Ineffective Assistance: Cook v. Florida DOC Introduction This commentary examines the Eleventh Circuit’s decision in Royce W. Cook v. Secretary, Florida Department of...

Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General

Date: May 23, 2025

Individualized Risk Requirement for CAT Relief Established in Ruvira Guerra v. U.S. Attorney General Introduction Jose M. Ruvira Guerra, a Cuban national and lawful permanent resident of the United...

Facial Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii) Firearm Prohibition Affirmed

Date: May 23, 2025

Facial Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii) Firearm Prohibition Affirmed Introduction The Court of Appeals for the Tenth Circuit addressed a facial Second Amendment challenge to 18...

Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers

Date: May 23, 2025

Fifth Circuit Establishes Post-Dispute Negligence Standard for FCRA Furnishers Introduction In Schultz v. HomeBridge Financial Services, Inc., No. 24-50193 (5th Cir. May 22, 2025), the Fifth Circuit...

When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals

Date: May 23, 2025

When Statutes of Limitations Convert “Without Prejudice” Dismissals into “With Prejudice” Dismissals Introduction In Ronald Earl Scherer v. JP Morgan Chase & Co., No. 24-11874 (11th Cir. May 22,...

Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi

Date: May 23, 2025

Reaffirming the "One Central Reason" Standard and Distinct Acquiescence Test Under the CAT: Valverde Lopez v. Bondi Introduction Valverde Lopez v. Bondi is a 2025 summary order from the United States...

Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions

Date: May 23, 2025

Expanding Maritime Liens: Recognizing "Necessaries" for Vessel Conversions Introduction John Bludworth Shipyard, L.L.C. (“JBS”) performed nearly $3 million of conversion work on three barges—Captain...

Kousisis v. United States (2025): The Supreme Court Confirms that Fraudulent-Inducement Wire-Fraud Liability Does Not Depend on Proving Victim Economic Loss

Date: May 23, 2025

Kousisis v. United States (605 U.S. ___, 2025) The Supreme Court validates the “fraudulent-inducement” theory and rejects any freestanding economic-loss requirement under the Federal Wire-Fraud...

Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity

Date: May 23, 2025

Limits on State Liability under Title II of the ADA: No Supervisory-Only Abrogation of Sovereign Immunity 1. Introduction Y.A. v. Hamtramck Public Schools, decided May 22, 2025 by the Sixth Circuit,...

Rational Basis Validation of Violent Career Criminal Enhancements – Davis v. Florida DOC

Date: May 23, 2025

Rational Basis Validation of Violent Career Criminal Enhancements Introduction Cody Edward Davis v. Secretary, Florida Department of Corrections (11th Cir., May 22, 2025) presents a challenge to...

Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified

Date: May 23, 2025

Chen v. Noem: Administrative Delay Claims and Mootness—Voluntary Cessation and Capable of Repetition Exceptions Clarified Introduction Chen v. Noem is a summary order issued by the United States...

Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims

Date: May 23, 2025

Bergnes v. Zayas: Clarifying Standing Under § 1983 and Evidentiary Thresholds for Equal Protection Claims Introduction In Bergnes v. Zayas, 24-2434 (2d Cir. May 22, 2025), the United States Court of...

“Provisional Presidential Removal Power” — Trump v. Wilcox and the Supreme Court’s Shadow-Docket Recalibration of Humphrey’s Executor

Date: May 23, 2025

“Provisional Presidential Removal Power” — Trump v. Wilcox and the Supreme Court’s Shadow-Docket Recalibration of Humphrey’s Executor Introduction On 22 May 2025 the Supreme Court, acting on its...

Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters

Date: May 23, 2025

Broad Discretion for Upward Variances Under Section 3553(a): United States v. Walters Introduction United States v. Walters (10th Cir. May 22, 2025) involved an appeal by Edward Walters from a...

Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials

Date: May 23, 2025

Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials Introduction The Second Circuit’s summary order in United States v. Rodriguez, No....

Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge

Date: May 23, 2025

Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge 1. Introduction This commentary examines the Tenth...

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Date: May 23, 2025

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles Introduction United States v. Kevin Jean-Gilles is a 2025 Eleventh Circuit decision upholding a 235-month...

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