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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries

United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy

United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy

Date: Jul 12, 2025
United States v. Morgan: Patane Meets Abandonment – When Miranda-Defective Statements Can Extinguish Fourth-Amendment Privacy Introduction United States v. Steven George Morgan, No. 23-11114 (11th...
The “Single-Document Judgment” Mandate and the Limits of Voluntary Dismissal: A Commentary on Elbert v. Keating, O'Gara (319 Neb. 390)

The “Single-Document Judgment” Mandate and the Limits of Voluntary Dismissal: A Commentary on Elbert v. Keating, O'Gara (319 Neb. 390)

Date: Jul 12, 2025
The “Single-Document Judgment” Mandate and the Futility of Voluntary Dismissal Tactics: Commentary on Elbert v. Keating, O'Gara, 319 Neb. 390 (2025) Introduction The Nebraska Supreme Court’s decision...
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto

Date: Jul 12, 2025
When PHC Felonies Eclipse MRTMA Misdemeanors: The Practical Effect of the Supreme Court’s Denial of Leave in People v. Julia Kathleen Soto 1. Introduction Case name: People of the State of Michigan...
MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases

MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases

Date: Jul 12, 2025
MRTMA’s Exclusive-Penalty Clause vs. PHC Felonies: Michigan Supreme Court Denies Review, Leaving a Court of Appeals Split to Govern Charging Choices in Marijuana Cases Case: People of the State of...
The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting

The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting

Date: Jul 11, 2025
The Aquarion Rule: Prohibiting Hindsight Prudence Review and Isolating ROE from Cost Disallowances in Connecticut Utility Rate-Setting Aquarion Water Co. of Connecticut v. Public Utilities Regulatory...
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Date: Jul 11, 2025
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816) Introduction On 10 July 2025 the Oregon Supreme Court, sitting en banc, delivered...
State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard

State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard

Date: Jul 11, 2025
State v. Maharg – Clarifying the Burden of Proof for “Tainted-Evidence” Claims under Golding and the Harmless-Error Standard 1. Introduction Court: Supreme Court of Connecticut – July 8, 2025...
State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress

State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress

Date: Jul 11, 2025
State v. Maharg: The Connecticut Supreme Court Affirms a Police Duty to Halt Interrogations When a Suspect Exhibits Acute Medical Distress 1. Introduction In State v. Maharg, 0 Conn. 0 (July 8 2025),...
Shafer v. Morgan Stanley: No “Constructive Denial” Appeals from Orders Compelling Arbitration & The Narrow Path to Mandamus in ERISA Disputes

Shafer v. Morgan Stanley: No “Constructive Denial” Appeals from Orders Compelling Arbitration & The Narrow Path to Mandamus in ERISA Disputes

Date: Jul 11, 2025
Shafer v. Morgan Stanley: No “Constructive Denial” Appeals from Orders Compelling Arbitration & The Narrow Path to Mandamus in ERISA Disputes 1. Introduction Shafer v. Morgan Stanley, Nos....
Eaton v. Estabrook – When Disputed Facts Block the Shield: The Second Circuit Limits Summary-Judgment Qualified Immunity in Excessive-Force Cases

Eaton v. Estabrook – When Disputed Facts Block the Shield: The Second Circuit Limits Summary-Judgment Qualified Immunity in Excessive-Force Cases

Date: Jul 11, 2025
Eaton v. Estabrook – When Disputed Facts Block the Shield: The Second Circuit Limits Summary-Judgment Qualified Immunity in Excessive-Force Cases Introduction In Eaton v. Estabrook, No. 23-151 (2d...
Temporal Limits of Compassionate Release: Second Circuit Confirms Ineligibility for Pre-SRA Offenses

Temporal Limits of Compassionate Release: Second Circuit Confirms Ineligibility for Pre-SRA Offenses

Date: Jul 11, 2025
Temporal Limits of Compassionate Release: Second Circuit Confirms Ineligibility for Pre-SRA Offenses 1. Introduction United States v. Coonan (2d Cir. July 9 2025) addresses whether inmates convicted...
From Memes to Mens Rea: Second Circuit Tightens Proof Requirements for Online Conspiracy under 18 U.S.C. § 241 – A Commentary on United States v. MacKey (2025)

From Memes to Mens Rea: Second Circuit Tightens Proof Requirements for Online Conspiracy under 18 U.S.C. § 241 – A Commentary on United States v. MacKey (2025)

Date: Jul 11, 2025
From Memes to Mens Rea: Second Circuit Tightens Proof Requirements for Online Conspiracy under 18 U.S.C. § 241 – A Commentary on United States v. MacKey (2025) 1. Introduction The U.S. Court of...
United States v. Runner: Second Circuit’s Post-Kousisis Endorsement of the Fraudulent-Inducement Theory

United States v. Runner: Second Circuit’s Post-Kousisis Endorsement of the Fraudulent-Inducement Theory

Date: Jul 11, 2025
United States v. Runner: Second Circuit’s Post-Kousisis Endorsement of the Fraudulent-Inducement Theory Introduction United States v. Runner, No. 24-1040 (2d Cir. July 9 2025), is the Second...

        Robinson v. Statewide Wrecker Service, Inc.:
        Re-affirming the 30-Day Limit for Procedural Remand Motions 
        and the District Court’s Broad Discretion to Dismiss (Rather than Remand) Surviving State-Law Claims

Robinson v. Statewide Wrecker Service, Inc.: Re-affirming the 30-Day Limit for Procedural Remand Motions and the District Court’s Broad Discretion to Dismiss (Rather than Remand) Surviving State-Law Claims

Date: Jul 11, 2025
“Too Late to Remand”: The Eleventh Circuit’s Unpublished Decision in Albert M. Robinson v. Statewide Wrecker Service, Inc. 1. Introduction In Albert M. Robinson v. Statewide Wrecker Service, Inc....
Clements II: Opening the Door to Habeas Jurisdiction Based on Sex-Offender Residency Restrictions

Clements II: Opening the Door to Habeas Jurisdiction Based on Sex-Offender Residency Restrictions

Date: Jul 11, 2025
Clements II: Opening the Door to Habeas Jurisdiction Based on Sex-Offender Residency Restrictions Introduction The Eleventh Circuit’s unpublished decision in Louis Mathew Clements v. Secretary,...
Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases

Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases

Date: Jul 11, 2025
Clements v. Commissioner: Eleventh Circuit Re-Affirms Strict Standards for Rule 60(b) Relief and Sentence-Six Remands in Social Security Disability Cases 1. Introduction The unpublished decision in...
“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm

“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm

Date: Jul 11, 2025
“Say It or Lose It” – The Eleventh Circuit’s Clarification on Rule 26 Expert Disclosures in Hickey v. State Farm Fire & Casualty Co. 1. Introduction The decision of the United States Court of Appeals...
O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs

O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs

Date: Jul 11, 2025
O’Neil v. Hill: Eleventh Circuit Tightens the Leash on Qualified-Immunity Appeals and Reaffirms the Ban on Punitive Restraint Chairs Introduction Timothy O’Neil sued former Clayton County, Georgia,...

        Tactical Accessories and the § 924(c) Nexus – The Eleventh Circuit’s Unpublished
        Clarification in United States v. Boyce

Tactical Accessories and the § 924(c) Nexus – The Eleventh Circuit’s Unpublished Clarification in United States v. Boyce

Date: Jul 11, 2025
Tactical Accessories and the § 924(c) Nexus: The Eleventh Circuit Affirms That Items Such as Smoke Grenades Can Tie Firearms to Drug-Trafficking Offenses – Commentary on United States v. Jamaul...
Reaffirming Felon-in-Possession Prohibitions Post-Rahimi:  The Eleventh Circuit’s Decision in United States v. Whitaker

Reaffirming Felon-in-Possession Prohibitions Post-Rahimi: The Eleventh Circuit’s Decision in United States v. Whitaker

Date: Jul 11, 2025
Reaffirming Felon-in-Possession Prohibitions Post-Rahimi: The Eleventh Circuit’s Decision in United States v. Whitaker 1. Introduction The Eleventh Circuit’s per curiam opinion in United States v....
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