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Reinforcing Procedural Prerequisites in Direct Appeals for Ineffective Assistance and Speedy Trial Claims Introduction United States v. Freeman is a Tenth Circuit decision issued on April 23, 2025,...
Statutory Finality and Nonretroactivity: The Limits of the Sentencing Commission's Authority in Compassionate Release Introduction This consolidated appeal arises from three federal prisoners—Jason...
Audio-Only Public Trial and Jury Composition During COVID-19: United States v. Holder Introduction United States v. Holder, 10th Cir. No. 23-1021 (Apr. 22, 2025), presents a multifaceted Sixth...
Reinforcing Rule 9(b) Particularity: Specific Claim Identification in Healthcare False Claims Act Suits Introduction U.S. ex rel. Erik Olsen v. Tenet Healthcare Corp. (6th Cir. Apr. 22, 2025) arises...
Limiting Redundant Robbery Predicates in Felony Murder: United States v. Jackson Introduction United States v. Jackson (10th Cir. Apr. 22, 2025) addresses whether a defendant can be punished...
United States v. Smith: Circumstantial Evidence, Premeditation, and Harmless Juror Misconduct 1. Introduction In United States v. Smith, 23-7087 (10th Cir. Apr. 22, 2025), the Tenth Circuit...
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status Introduction The consolidated appeals in Ansar Hussen Hussen...
Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA Introduction Double Eagle Alloys, Inc. v. Hooper, No. 24-5089 (10th Cir. Apr. 22, 2025), marks an...
Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs Introduction Family Health Centers of Southwest Florida, Inc. v. Secretary, Florida Agency for Health Care...
United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty Introduction United States v. Fowler, decided by the Tenth Circuit on April...
Immediacy Requirement for Constitutionally Permissible Use of Deadly Force Against Household Pets Introduction Love v. Grashorn, decided by the United States Court of Appeals for the Tenth Circuit on...
Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs Introduction This commentary examines the Eleventh Circuit’s decision in JTC...
Affirming §922(g)(1) and Clarifying Plain-Error Limits on Coerced Evidentiary Stipulations in United States v. Mayfield Introduction United States v. Mayfield (10th Cir. 2025) addresses two...
Limits on Compassionate-Release Policy: Invalidating U.S.S.G. §1B1.13(b)(6) – Nonretroactivity & Separation of Powers Introduction United States v. Bricker; United States v. Ellis McHenry; United...
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement Introduction United States v. Randal Wise, 24-2460 (3d Cir. Apr. 22, 2025), presents a...
Limits on Compassionate-Release Authority: Nonretroactive Law Changes Not “Extraordinary and Compelling” Introduction This consolidated Sixth Circuit decision—United States v. Bricker, McHenry, and...
Ward v. Wayne County: Fabrication of Evidence and Limits of Qualified Immunity Introduction In Ramon Ward v. Wayne County, Michigan, the Sixth Circuit confronted a § 1983 claim by a man whose murder...
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering Introduction United States v. Acevedo (2d Cir. 2025) is a summary order...
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion Introduction In Esteban-Ramirez v. Bondi, 22-6434 (2d Cir. Apr. 22, 2025),...