interpreting-& Case Commentaries

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation

Date: Oct 16, 2025

Second Circuit (Non-Precedential) Guidance on Successive Summary Judgment Motions and Relation-Forward Appellate Jurisdiction in Pro Se Prisoner Litigation Note on precedential weight: This is a...

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference Claims

Date: Oct 16, 2025

Unnecessary Pain Suffices: Eleventh Circuit Clarifies Causation and Deems Repeated “Submit Another Sick Call” Amid Known Futility Potentially Unreasonable in Eighth Amendment Medical-Indifference...

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) — United States v. Hunter (11th Cir. 2025)

Date: Oct 16, 2025

Deterrence, Not Retribution: Generic “Punishment” Language at Revocation Does Not, Without More, Establish Plain-Error Reliance on § 3553(a)(2)(A) United States v. Keenan Devron Hunter (11th Cir....

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras

Date: Oct 16, 2025

Deterrence, Not Retribution, at Supervised-Release Revocation: Ambiguous “Punishment” Remarks Do Not Establish Plain Error Post-Esteras Introduction In United States v. Keenan Devron Hunter, Nos....

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts with the Oral Sentence

Date: Oct 16, 2025

Due Process Requires Oral Pronouncement (or Incorporation by Reference) of Discretionary Supervised‑Release Conditions; Appeal Waiver Does Not Compel Dismissal When the Written Judgment Conflicts...

“Vulgarity Trumps Politics” in the Schoolhouse: Sixth Circuit Upholds Bans on Euphemistic Political Slogans under Fraser

Date: Oct 16, 2025

“Vulgarity Trumps Politics” in the Schoolhouse: Sixth Circuit Upholds Bans on Euphemistic Political Slogans under Fraser Introduction In B. A. v. Tri-County Area Schools, No. 24-1769 (6th Cir. Oct....

No Chronological Preference for Conflicting ABG Studies: Sixth Circuit Reaffirms Deference to ALJ Credibility Findings and Month‑of‑Filing Onset Under the BLBA

Date: Oct 16, 2025

No Chronological Preference for Conflicting ABG Studies: Sixth Circuit Reaffirms Deference to ALJ Credibility Findings and Month‑of‑Filing Onset Under the BLBA Introduction In Cumberland River Coal...

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act §404: Non‑Covered Counts May Be Reduced When Interdependent with Covered Offenses

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act §404: Non‑Covered Counts May Be Reduced When Interdependent with Covered Offenses Introduction In United States v. Edward Dale, a...

Sixth Circuit Endorses Sentencing-Package Resentencing Under the First Step Act: Non‑Covered Counts May Be Reduced Only If Interdependent (United States v. Polk)

Date: Oct 16, 2025

Sixth Circuit Endorses Sentencing-Package Resentencing Under the First Step Act: Non‑Covered Counts May Be Reduced Only If Interdependent (United States v. Polk) Introduction In United States v. Gene...

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense Introduction In United States v....

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense

Date: Oct 16, 2025

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense Introduction In United States v. John Gordon...

Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker

Date: Oct 16, 2025

Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker Court: United States Court of...

Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search

Date: Oct 16, 2025

Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search Case: United States v. Watkins, No. 23-6210 (10th Cir....

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests

Date: Oct 16, 2025

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests Introduction In Olivia Coley-Pearson v. Emily Misty...

Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago

Date: Oct 16, 2025

Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago Introduction In Brian S. Singer v. City of Chicago,...

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Date: Oct 16, 2025

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice...

Mandating Separate Judgments and Strict Rule 41(b) Enforcement: DS Corporation v. Long Feng Corporation (2025 MP 8)

Date: Oct 16, 2025

Mandating Separate Judgments and Strict Rule 41(b) Enforcement: DS Corporation v. Long Feng Corporation (2025 MP 8) Introduction In DS Corporation v. Long Feng Corporation, 2025 MP 8 (NMI Oct. 14,...

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

Date: Oct 16, 2025

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act Commentary on State ex rel. Castellon v. Maloney, Slip Opinion No. 2025-Ohio-4687 (Supreme...

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Date: Oct 16, 2025

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof...

No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review

Date: Oct 16, 2025

No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review Note: This is a memorandum opinion designated noncitable under...

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