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guardian-ad-litem&amp Case Commentaries

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“Too Late to Remand”: The Eleventh Circuit’s Unpublished Decision in Albert M. Robinson v. Statewide Wrecker Service, Inc. 1.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the Door to Habeas Jurisdiction Based on Sex-Offender Residency Restrictions Introduction The Eleventh Circuit’s unpublished decision in Louis Mathew Clements v. Secretary,...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....
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy

Date: Jul 11, 2025
Expanding the Ministerial Exception to Dual-Role School Administrators: A Commentary on Pulsifer v. Westshore Christian Academy Introduction The United States Court of Appeals for the Sixth Circuit,...
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: A Commentary on Karim Codrington v. Jay Dolak

Date: Jul 11, 2025
Sixth Circuit Joins Sister Circuits in Rejecting the Exclusionary Rule for § 1983 Actions: Commentary on Karim Codrington v. Jay Dolak, 25a0178p.06 (6th Cir. 2025) Introduction In Karim Codrington v....
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims

Date: Jul 11, 2025
OPV Partners v. City of Lansing: Non-Payment of Administrative Appeal Fees Bars Federal Due-Process and Takings Claims Introduction OPV Partners, LLC owned and operated the 618-unit Autumn Ridge...
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025)

Date: Jul 11, 2025
“Post-Loper Bright” Validation of the Split-Dollar Regulation – A Commentary on Peter McGowan v. United States (6th Cir. 2025) 1. Introduction The Sixth Circuit’s decision in Peter McGowan v. United...
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1)

Date: Jul 11, 2025
“One Minor, Two Roles”: Sixth Circuit Affirms Dual-Role Application of U.S.S.G. §3B1.4 and Clarifies Scope of §4B1.5(b)(1) Introduction United States v. David Jason Parkey, No. 24-5812 (6th Cir. July...
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty Pleas

Date: Jul 11, 2025
United States v. Otis: Sixth Circuit Reaffirms That the Simultaneous Sale of Firearms and Narcotics Satisfies § 924(c)’s “During and in Relation To” Element and Clarifies Plain-Error Review of Guilty...
“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment

Date: Jul 11, 2025
“The Watson Rule”: Visible Contraband & Identity Refusal as Independent Sources of Probable Cause under the Fourth Amendment Introduction United States v. Watson, No. 24-3679 (6th Cir. July 9, 2025)...
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine

Date: Jul 11, 2025
“A Modicum Is Enough” – United States v. Hollins and the Sixth Circuit’s Refined Good-Faith & Drug-Premises Doctrine 1. Introduction United States v. Kendall Hollins, No. 24-1465 (6th Cir. July 9,...
“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof

“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof

Date: Jul 11, 2025
“Tracing by Spreadsheet”: United States v. Dermen and the Tenth Circuit’s Clarification of Summary-Witness Testimony, Forfeiture Standards, and Post-Apprendi Sentencing Proof 1. Introduction United...
Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief

Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief

Date: Jul 11, 2025
Invited-Error Waiver Solidified: United States v. Maldonado and the Boundaries of Rule 33 Relief Introduction This commentary dissects the Tenth Circuit’s July 2025 decision in United States v....
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