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  • Commentaries
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new-precedent-on... Case Commentaries

Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy

Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy

Date: Jul 15, 2025
Rule 11 Adequacy When Defendant Is Off Medication and the Substantive Reasonableness of a Modest Upward Variance: The Tenth Circuit’s Anders Dismissal in United States v. Bertschy Introduction In...
Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure

Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure

Date: Jul 15, 2025
Assignments Don’t Release Oil-and-Gas Operators Absent Novation; Former Operators Remain “Operators” Under Wyoming’s Split Estate Act; Declaratory Counterclaims Survive Third‑Party Cure Case: Tear...
Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles

Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles

Date: Jul 15, 2025
Alternative §3553(a) Sentences and Written Statements of Reasons Defeat Plain-Error Challenges to Guideline Miscalculations: The Fifth Circuit Reaffirms Hott and Clarifies Diggles Introduction In...
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Date: Jul 15, 2025
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions 1. Introduction Bell v. State, 52104...
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Date: Jul 15, 2025
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2) Case: Michigan Republican Party and Republican National Committee v. Donahue, Kim, and Kaake (Genesee...
Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit

Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit

Date: Jul 15, 2025
Misreading PSR “National Sentencing Averages” Is a Procedural Error Reviewed Only for Plain Error; Within‑Guidelines Sentences Remain Presumptively Reasonable in the Sixth Circuit Case: United States...
Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2025)

Date: Jul 15, 2025
Structural Error Limited to Constitutional Violations – A Commentary on United States v. Johnson (2d Cir. 2025) 1  Introduction On 14 July 2025 the United States Court of Appeals for the Second...
The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate

Date: Jul 15, 2025
The Second Circuit’s Post-Morgan Waiver Doctrine: When Litigation Conduct Alone Extinguishes the Right to Arbitrate 1. Introduction Case: Doyle v. UBS Financial Services, Inc., No. 24-696-cv (2d Cir....
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences (Commentary on United States v. Flores-Nater, 2025)

Date: Jul 15, 2025
“Say Why or Try Again” – The First Circuit’s Clarion Call for Explicit Treatment of Core Mitigation Arguments in Upward Variance Sentences A Comprehensive Commentary on United States v. Flores-Nater,...
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges

Date: Jul 15, 2025
United States v. Collins (11th Cir. 2025): Post-Bruen Endorsement of § 5861(d) and the Limits of Plain-Error Second-Amendment Challenges Introduction United States v. Sidney Rashard Collins,...
Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Hernandez v. Sheriff of Manatee County: Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or False-Arrest Claims

Date: Jul 15, 2025
Hernandez v. Sheriff of Manatee County, Florida Eleventh Circuit Clarifies that Failure to Interview a Suspect, Standing Alone, Does Not Defeat Probable Cause for § 1983 Malicious-Prosecution or...
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification

Date: Jul 15, 2025
“Arguable Probable Cause” in the Context of Domestic-Violence Injunctions: The Johnston Clarification by the Eleventh Circuit 1. Introduction In Deon Johnston v. Deputy Sean M. Carlson, the United...
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act

Date: Jul 15, 2025
Reaffirming the 45-Day Exhaustion Rule and Employer Accommodation Parameters under the Rehabilitation Act Introduction Angela Gilder-Lucas, a supervisor of education at a federal prison in...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements

Date: Jul 15, 2025
Fox v. Weiner: Eleventh Circuit Reinforces Strict Adherence to Bankruptcy-Appellate Deadlines and Record-Designation Requirements 1. Introduction In Calvin David Fox v. Robin R. Weiner, No. 24-10423...
No‑Trespass Directives Are Discrete Acts, Not Continuing Violations: Persuasive Tenth Circuit Guidance on Limitations, Preclusion, Qualified Immunity, and Heck in Grays v. Munn

No‑Trespass Directives Are Discrete Acts, Not Continuing Violations: Persuasive Tenth Circuit Guidance on Limitations, Preclusion, Qualified Immunity, and Heck in Grays v. Munn

Date: Jul 15, 2025
No‑Trespass Directives Are Discrete Acts, Not Continuing Violations: Persuasive Tenth Circuit Guidance on Limitations, Preclusion, Qualified Immunity, and Heck in Grays v. Munn Court: United States...
“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases

“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases

Date: Jul 15, 2025
“Not a Mine-Run Failure to Register”: Sixth Circuit Reaffirms Broad Discretion to Impose Significant Upward Variances and Lifetime Supervised Release in SORNA Cases Case: United States v. Travis...
Comparator Proof in Relative-Ranking Regimes: Seventh Circuit Holds Employer-Defined Assessment Groups Control Title VII Comparators and Bars Undisclosed Cross-Case Evidence

Comparator Proof in Relative-Ranking Regimes: Seventh Circuit Holds Employer-Defined Assessment Groups Control Title VII Comparators and Bars Undisclosed Cross-Case Evidence

Date: Jul 15, 2025
Comparator Proof in Relative-Ranking Regimes: Seventh Circuit Holds Employer-Defined Assessment Groups Control Title VII Comparators and Bars Undisclosed Cross-Case Evidence Introduction In Kara...
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