COLJI-Crim. E:03 (2022) “Firmly Convinced / Real Possibility” Reasonable-Doubt Instruction Is Constitutional and Does Not Shift or Lower the Burden of Proof Case: Terran Sanchez v. People, 2026 CO 60...
Rule 56(f) Requires Discovery Before Summary Judgment on Fact-Intensive Equitable Defenses to Condominium Covenant Enforcement Case: Sea Breeze Condominiums & Resort Owners' Association, Inc. v....
Insufficient Implementation Time Can Render a Postal Election-Mail Rule Arbitrary and Capricious Under the APA (Stay Denied) 1. Introduction United States Postal Service, et al. v. California, et al....
Out-of-State Jail Time Is Not Credited When Independent Charges Would Have Kept the Defendant Confined; Post-Notice Orders Require a Separate/Amended Notice of Appeal Brian Joseph Melber v. The State...
Procedural Due Process for Municipal Trespass Warnings Requires a Meaningful, Standards-Guided Post-Deprivation Appeal—Even When Substantive Due Process Fails I. Introduction Case: Jesse Lee v. City...
Mootness Remand Under FRAP 12.1(b): Vacatur of a Preliminary Injunction to Eliminate Appellate Jurisdiction Introduction American Academy of Pediatrics v. James Uthmeier (7th Cir. Sept. 14, 2026) is...
United States v. Burton: § 1591(c) as an Alternative Mens Rea Means (No Unanimity Required) and “Purpose” to Produce Under § 2251(a) 1. Introduction In United States v. Dontae D. Burton (11th Cir....
Bergin v. N.Y. State Unified Court System: The Second Circuit Aligns Title VII Religious-Accommodation Prima Facie Proof with Abercrombie’s Motivating-Factor Standard 1. Introduction In Bergin v....
Second Circuit Adopts Hunt Test for Associational Standing Under § 1983 and Overrules Aguayo Case: Defending Education v. Croton-Harmon Union Free School District Court: U.S. Court of Appeals for the...
General Relevance/Prejudice Evidentiary Rulings Do Not “Subsume” a Confrontation Clause Claim Under AEDPA; Precluding the Prior Brady-Misconduct Narrative Can Still Permit Meaningful...
Florida Building Code “Permit-Vesting” Rule: The Code in Effect on the Permit Application Date Governs for the Life of the Permit (and Later Code Editions Do Not Create Contract or § 553.84...
Late-Disclosed Key Witness May Be Excluded Under Rule 37 and Fees Awarded; Performance-Based Termination Defeats ADEA/FRCA and “Leaving” Announcement Is Not Defamatory I. Introduction In John Lapikas...
Qualified Immunity Bars § 1983 Claims for Brief Detention of a Shooting Witness Absent Clearly Established Law; Pro Se Dismissals Under Rule 12(b)(6) Generally Require at Least One Opportunity to...
Amendment 833 Is Substantive and Non-Retroactive; Pre-Amendment § 3B1.2 Minor-Role Claims Remain Governed by De Varon 1. Introduction In United States v. Rafael Gutierrez (11th Cir. Sept. 14, 2026)...
Upward Variance Upheld When District Court Adopts Government’s Sentencing Rationale and Provides Reviewable § 3553(c)(2) Reasons 1. Introduction In United States v. Salim Mohamed Yehya Alsahqani...
Reasonable Suspicion May Arise from Late-Night High-Crime Parking-Lot Circumstances and Pre-Stop Furtive Movements Despite Ambiguous Body-Camera Video I. Introduction In United States v. Jackson, the...
Qualified Immunity in Close-Call Malicious Prosecution Cases: Clearly Established Law Must Make the Lack of Probable Cause Obvious in Context I. Introduction In Kenneth Wadkins v. Kristyn Klingshirn...
Sixth Circuit Reaffirms U.S.S.G. § 2G2.2’s “75:1” Video-to-Image Rule After Loper Bright and Upholds Comparative Sentencing Remarks Under § 3553(a) I. Introduction In United States v. Chance York...
Certification of Rhode Island UM/UIM Coverage for Employees Driving Personal Vehicles in the Scope of Employment Introduction Roberge v. Travelers Property Casualty Company of America (U.S. Court of...
Intervention Timeliness Runs from Litigation Signals of Abandonment—Not Political Rhetoric; Intervenors Still Need Appellate Standing to Challenge Vacatur/Remand I. Introduction In Texas v. US Dept...