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federal Case Commentaries

No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials

Date: Aug 5, 2025
No “Magic-Words” Requirement: The Fourth Circuit Re-Affirms Minimal-Explanation Standard for Compassionate-Release Denials 1. Introduction In United States v. Larry Antonio Burleigh, No. 23-6254 (4th...
“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

“Preservation over Source-Code”: The Fourth Circuit’s Guidance on Challenging Probabilistic DNA Evidence and Indictment Variance in United States v. Melissa Beasley

Date: Aug 5, 2025
“Preservation over Source-Code”: Fourth Circuit Restricts Appellate Review of Probabilistic Genotyping Challenges and Clarifies Indictment-Variance Doctrine Introduction United States v. Melissa...
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal

Date: Aug 5, 2025
“Martinez v. Bondi”: The Fourth Circuit Clarifies the BIA’s Duty to Assess Prima-Facie Eligibility and Discretion in Motions to Reopen for Cancellation of Removal 1. Introduction The unpublished...
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza”

Date: Aug 5, 2025
“Legal Theories Are Not ‘New Facts’: The Tenth Circuit’s Clarification of § 2244(b)(2)(B) in In re: Meza” 1. Introduction On 31 July 2025, the United States Court of Appeals for the Tenth Circuit...
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops

Date: Aug 2, 2025
United States v. King, II: The Sixth Circuit Expands the “Concurrent-Task” Doctrine for Traffic Stops Introduction United States v. James Russell King, II, No. 24-1089 (6th Cir. 2025) is a...
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief

Date: Aug 2, 2025
Misapplication of State Evidentiary Rules as a Federal Constitutional Violation: Sixth Circuit Solidifies Pathway to Habeas Relief Introduction In Louis Chandler v. Mike Brown, No. 23-1270 (6th Cir....
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen

Date: Aug 2, 2025
Drone Use for Wildlife Recovery Receives Only Intermediate-Scrutiny Protection: The Sixth Circuit’s New Framework in Yoder v. Bowen Introduction In Mike Yoder; Drone Deer Recovery LLC; and...
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes – Comment on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025)

Date: Aug 2, 2025
No Presumption of Irreparable Harm in ERISA Trustee-Entrenchment Disputes: A Comprehensive Commentary on Int’l Union of Painters & Allied Trades v. Smith, 6th Cir. (2025) Introduction The Sixth...
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion

Date: Aug 2, 2025
“No Blank-Check EEOC Charges” – Gomez v. Cameron County and the Strict Contours of Administrative Exhaustion Introduction Gomez v. Cameron County, No. 24-40757 (5th Cir. July 30, 2025) is a...
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals

Date: Aug 2, 2025
Fourth Circuit Clarifies Limits of § 1447(c): No Appellate Fee-Shifting and Stricter Policing of Successive Removals Introduction Donald Black v. Mantei & Associates, Ltd., No. 24-1439 (4th Cir. Jul....
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025)

Date: Aug 2, 2025
Implicit Non-Indigency Findings Satisfy 18 U.S.C. § 3014: A Commentary on United States v. Cansler (4th Cir. 2025) I. Introduction The Fourth Circuit’s unpublished per curiam decision in United...
“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals

Date: Aug 2, 2025
“No Bivens for the Task-Force Warrant”: The Fourth Circuit’s New Limit on Constitutional Damages Actions Against U.S. Marshals Introduction In Evy B. Orellana v. Deputy United States Marshal Ryan...
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025)

Date: Aug 2, 2025
No Spill-Over Prestige: Third Circuit Clarifies Article III Standing in Rankings-Fraud Suits – Comment on Budet v. Rutgers Business School (3d Cir. 2025) 1. Introduction In Budet v. Rutgers Business...
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations — Commentary on United States v. Montas

Date: Aug 2, 2025
Third Circuit Clarifies the Scope of Rule 32(i)(1)(C) Notice Obligations: United States v. Juan Montas Introduction United States v. Juan Montas, No. 24-1851 (3d Cir. July 30 2025), presented a...
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror – Commentary on Daniel Stoffa v. Michael Zaken (3d Cir. 2025)

Date: Aug 2, 2025
Clarifying AEDPA’s “Clearly Established Law” Threshold: No Automatic Prejudice for Counsel’s Failure to Strike a Biased Juror Commentary on Daniel Stoffa v. Michael Zaken, No. 24-1638 (3d Cir. July...
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings

Date: Aug 2, 2025
Constructive Notice Suffices: Third Circuit Affirms No Due-Process Right to Personal Notice of the Asylum One-Year Deadline and Confirms Non-Reviewability of “Extraordinary Circumstances” Findings...
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory

Date: Aug 2, 2025
From “Newly Public” to “Newly Significant” – The Third Circuit Refines Price-Impact Rebuttal Under the Inflation-Maintenance Theory 1. Introduction In San Diego County Employees Retirement...
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions

Date: Aug 2, 2025
United States v. Hopson: No Federal Jurisdiction Over Unenumerated Lesser-Included Offences in Major Crimes Act Prosecutions Introduction United States v. Hopson, No. 23-5056 (10th Cir. 2025) marks...
Allison v. Boulder County: Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage

Allison v. Boulder County: Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage

Date: Aug 1, 2025
Allison v. Boulder County (BCSO): Tenth Circuit Confirms District Courts’ Power to Dismiss Pro Se Prisoner Pleadings that Flout Rule 8 at the Screening Stage Introduction In Allison v. Boulder...
Expanding the Core of Habeas Corpus: Diaz v. Kopp and System-Wide Conditions-of-Confinement Claims Under § 2254

Expanding the Core of Habeas Corpus: Diaz v. Kopp and System-Wide Conditions-of-Confinement Claims Under § 2254

Date: Aug 1, 2025
Expanding the Core of Habeas Corpus: Diaz v. Kopp and System-Wide Conditions-of-Confinement Claims Under § 2254 1. Introduction In Diaz v. Kopp, No. 22-1678 (2d Cir. July 30 2025), the United States...
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