isolated-parental-dui-and-material-change-in-circumstances-in-north-dakota-custody-law:-commentary-on-johnson-v.-staiger Case Commentaries

Spencer v. Vapor Technology Association — The TCA “Preservation Sandwich” Shields State ENDS Sales Restrictions (and Health-and-Safety Findings Can Justify Foreign-Origin Limits) at the Preliminary-Injunction Stage

Date: Jul 5, 2026

Spencer v. Vapor Technology Association — The TCA “Preservation Sandwich” Shields State ENDS Sales Restrictions (and Health-and-Safety Findings Can Justify Foreign-Origin Limits) at the...

Street-Defect Municipal Liability Requires Admissible, Defect-Specific Proof of Prior Notice Under § 11-47-190

Date: Jul 5, 2026

Street-Defect Municipal Liability Requires Admissible, Defect-Specific Proof of Prior Notice Under § 11-47-190 Case: Ex parte City of Birmingham (In re: Demarco Stoudmire v. City of Birmingham),...

Due Process Requires a Bond Hearing Within 90 Days for Long-Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A)

Date: Jul 5, 2026

Due Process Requires a Bond Hearing Within 90 Days for Long-Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A) Angel v. Mullin (consolidated with Rodriguez and...

Fifth Circuit: Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Interior Detainees Held Under 8 U.S.C. § 1225(b)(2)(A)

Date: Jul 4, 2026

Fifth Circuit: Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Interior Detainees Held Under 8 U.S.C. § 1225(b)(2)(A) Case: Sosnava Rodriguez v. Ortega (consolidated with Villegas...

Payment-Instruction Imposter Losses Turn on “Ordinary Care” Under Texas UCC § 3.404(d); Repeated Purchase Orders Do Not Create an Installment Contract

Date: Jul 4, 2026

Payment-Instruction Imposter Losses Turn on “Ordinary Care” Under Texas UCC § 3.404(d); Repeated Purchase Orders Do Not Create an Installment Contract Case: Progressive Laboratories v. Living Fuel...

Partial Mootness in Successive Revocations: Appeals Survive Only for Unpronounced Conditions that Later Trigger Revocation

Date: Jul 4, 2026

Partial Mootness in Successive Revocations: Appeals Survive Only for Unpronounced Conditions that Later Trigger Revocation I. Introduction United States v. Kendall (5th Cir. July 2, 2026) addresses a...

United States v. Sumpter — Waiver Bars Career-Offender Appellate Review; Urinalysis Condition Explanation Not Plain-Error Where Functionally Mandatory

Date: Jul 4, 2026

Affirmative Waiver Forecloses Appellate Review of Career-Offender Status; Unexplained Urinalysis Testing Condition Is Not Plain Error When It Mirrors a Statutory Mandatory Condition 1. Introduction...

State v. Juan Rivera — Rule 901 Authentication of Surveillance Video Through Digital-Forensics Testimony and Strict Raise-or-Waive Preservation

Date: Jul 4, 2026

Rule 901 Authentication of Surveillance Video Through Digital-Forensics Testimony and Strict Raise-or-Waive Preservation I. Introduction In State v. Juan Rivera (R.I. July 3, 2026), the Supreme Court...

Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A)

Date: Jul 4, 2026

Due Process Requires a Bond Hearing Within 90 Days for Long‑Term Resident “Applicants for Admission” Mandatorily Detained Under 8 U.S.C. § 1225(b)(2)(A) 1. Introduction In a consolidated appeal...

Section 242 “Results From” Requires Proximate Cause: Instructional Error Warrants Vacatur

Date: Jul 4, 2026

Section 242 “Results From” Requires Both But-For and Proximate Cause—and a Jury Must Be Told So Case: United States of America v. Shronda Covington (No. 25-4282) & United States of America v. Tonya...

Section 242 “Results From” Requires Proximate Cause; Guidelines “Relevant Conduct” Must Satisfy §1B1.3(a) Before Acquitted-Conduct Limits Apply

Date: Jul 4, 2026

Section 242 “Results From” Requires Proximate Cause; Guidelines “Relevant Conduct” Must Satisfy §1B1.3(a) Before Acquitted-Conduct Limits Apply I. Introduction United States v. Shronda Covington...

Non‑Medical Jail Supervisors May Not “Do Nothing” When Serious Medical Need Is Obvious and Care Appears Inadequate—Deference to Medical Staff Has Limits

Date: Jul 4, 2026

Non‑Medical Jail Supervisors May Not “Do Nothing” When Serious Medical Need Is Obvious and Care Appears Inadequate—Deference to Medical Staff Has Limits Case: Cassiopia Rhoads v. Erik Riddell Court:...

Binding Internal Termination Procedures Create Fifth Amendment Property Interests in Reassignment and Appeal Rights for Intelligence Officers

Date: Jul 4, 2026

Binding Internal Termination Procedures Create Fifth Amendment Property Interests in Reassignment and Appeal Rights for Intelligence Officers 1. Introduction John Doe 1 v. Office of the Director of...

Paperwork-Motivated Delay After Suspected Assault Defeats Qualified Immunity for Deliberate Indifference

Date: Jul 4, 2026

Paperwork-Motivated Delay After Suspected Assault Defeats Qualified Immunity for Deliberate Indifference I. Introduction In Tiffany Adele King, as Administratrix of the Estate of Maurice Antoine King...

AEDPA “Double Deference” Controls: Federal Habeas Courts May Not Reweigh Barker Speedy-Trial or Strickland Claims Absent an Objectively Unreasonable State Decision

Date: Jul 4, 2026

AEDPA “Double Deference” Controls: Federal Habeas Courts May Not Reweigh Barker Speedy-Trial or Strickland Claims Absent an Objectively Unreasonable State Decision 1. Introduction K.C. Langford v....

Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding

Date: Jul 4, 2026

Protective/Amended Petitions Preserve CAT Review After Waiver of § 1252(b)(1); BIA Must Apply Genuine Clear-Error Review to IJ Factfinding Introduction Pierre Riley v. Todd Blanche (4th Cir. July 2,...

Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect

Date: Jul 4, 2026

Ineffective Assistance Requires Outcome Prejudice Despite Defective Reasonable-Doubt Instructions; Recusal Claims Demand a Concrete Basis and Likely Effect Case: Daniel Lewis v. Superintendent...

“Involved in a Collision” Under HRS § 291C-12(a) Includes Non-Contact Drivers (and Vagueness Challenges Are As-Applied Absent First Amendment Concerns)

Date: Jul 4, 2026

“Involved in a Collision” Under HRS § 291C-12(a) Includes Non-Contact Drivers (and Vagueness Challenges Are As-Applied Absent First Amendment Concerns) Case: State v. Nahulu (Haw. July 2, 2026)...

RICRA Discrimination Claims Classified as “Actions of Tort” Under Rhode Island’s State Tort Claims Act

Date: Jul 4, 2026

RICRA Discrimination Claims Classified as “Actions of Tort” Under Rhode Island’s State Tort Claims Act 1. Introduction In Luther C. Parente v. Nelson Lefebvre, in his official capacity as Warden of...

“Sufficient” Bond as a Floor-and-Ceiling Rule: Unaffordable Cash Bonds as Constructive Denials of Appeal Bond Under MCR 7.209(B)(2)

Date: Jul 4, 2026

“Sufficient” Bond as a Floor-and-Ceiling Rule: Unaffordable Cash Bonds as Constructive Denials of Appeal Bond Under MCR 7.209(B)(2) Case: People of Michigan v. Leon Orlando Echols (Michigan Supreme...