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new-precedent-on... Case Commentaries

Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Date: Nov 7, 2025
Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect Introduction In Fuqua v....
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Date: Nov 7, 2025
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction Introduction This commentary analyzes the Tenth...
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

Date: Nov 7, 2025
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening Introduction In Lawrence v. Nightingale...
No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis

No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis

Date: Nov 7, 2025
No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis Case: United States v. Bright, No. 24-6238 (10th Cir. Nov. 4, 2025)...
United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by Record‑Based Justification in ACA Sentences

United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by Record‑Based Justification in ACA Sentences

Date: Nov 7, 2025
United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by...
United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112

United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112

Date: Nov 7, 2025
United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112 Introduction In United States v. Sockey (10th Cir. Nov. 4,...
Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts: French v. Twentieth Judicial District Court (Mont. 2025)

Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts: French v. Twentieth Judicial District Court (Mont. 2025)

Date: Nov 7, 2025
Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts Commentary on French v. Twentieth Judicial District Court, 2025 MT 254 (OP 25-0642) Introduction...
Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation

Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation

Date: Nov 7, 2025
Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation Introduction This...
Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025)

Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025)

Date: Nov 7, 2025
Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025) Introduction In United States v. Prime, the Eleventh Circuit confronted a...
Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 in Shen v. Commissioner

Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 in Shen v. Commissioner

Date: Nov 7, 2025
Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 Introduction In Shen v. Commissioner, Florida Department of...
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Date: Nov 7, 2025
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025) Introduction In Martinez v. Salisbury, the First Circuit affirmed the denial...
United States v. Gianatasio: Plain‑Error Limits on Challenging Sentencing Reliance on Self‑Incriminating Admissions and JSIN Data

United States v. Gianatasio: Plain‑Error Limits on Challenging Sentencing Reliance on Self‑Incriminating Admissions and JSIN Data

Date: Nov 7, 2025
United States v. Gianatasio: Plain‑Error Limits on Challenging Sentencing Reliance on Self‑Incriminating Admissions and JSIN Data Introduction In United States v. Gianatasio, No. 23-1631 (1st Cir....
Silence Is Not Ambiguity: Wyoming High Court Holds Written Judgment Cannot Supply a Probation Length Omitted at Sentencing

Silence Is Not Ambiguity: Wyoming High Court Holds Written Judgment Cannot Supply a Probation Length Omitted at Sentencing

Date: Nov 7, 2025
Silence Is Not Ambiguity: Wyoming High Court Holds Written Judgment Cannot Supply a Probation Length Omitted at Sentencing Introduction In James D. Van Winter v. State of Wyoming, 2025 WY 119 (Wyo....
Silence Is Conflict: Wyoming Supreme Court Requires Probation Length Be Orally Pronounced; Written Judgment Cannot Supply Missing Term

Silence Is Conflict: Wyoming Supreme Court Requires Probation Length Be Orally Pronounced; Written Judgment Cannot Supply Missing Term

Date: Nov 7, 2025
Silence Is Conflict: Wyoming Supreme Court Requires Probation Length Be Orally Pronounced; Written Judgment Cannot Supply Missing Term Introduction In James D. Van Winter v. The State of Wyoming,...
Automatic Suspension and “Prior Discipline” for Attorney-Registration Noncompliance under Gov.Bar R. VI: The Supreme Court of Ohio’s 2025 Administrative Order

Automatic Suspension and “Prior Discipline” for Attorney-Registration Noncompliance under Gov.Bar R. VI: The Supreme Court of Ohio’s 2025 Administrative Order

Date: Nov 7, 2025
Automatic Suspension and “Prior Discipline” for Attorney-Registration Noncompliance under Gov.Bar R. VI: The Supreme Court of Ohio’s 2025 Administrative Order Citation: 11/04/2025 Administrative...
Self‑Serving Affidavits Cannot Overcome One’s Own Confirmation Receipts: Clarifying Proof Standards in Ohio Public‑Records Mandamus

Self‑Serving Affidavits Cannot Overcome One’s Own Confirmation Receipts: Clarifying Proof Standards in Ohio Public‑Records Mandamus

Date: Nov 7, 2025
Self‑Serving Affidavits Cannot Overcome One’s Own Confirmation Receipts: Clarifying Proof Standards in Ohio Public‑Records Mandamus Introduction In State ex rel. Clark v. Department of Rehabilitation...
No Late Respondent Evidence and No Deflecting Public-Records Duties: The Ohio Supreme Court’s Mandamus Blueprint in State ex rel. Howard v. Shuler

No Late Respondent Evidence and No Deflecting Public-Records Duties: The Ohio Supreme Court’s Mandamus Blueprint in State ex rel. Howard v. Shuler

Date: Nov 7, 2025
No Late Respondent Evidence and No Deflecting Public-Records Duties: The Ohio Supreme Court’s Mandamus Blueprint in State ex rel. Howard v. Shuler Introduction In State ex rel. Howard v. Shuler,...
Asmelash v. State: Harmless-Error Review Governs Denial of Juror Requests to Replay Admitted Video; No Strickland Prejudice from Uncalled, Contradicted Alibi Witness

Asmelash v. State: Harmless-Error Review Governs Denial of Juror Requests to Replay Admitted Video; No Strickland Prejudice from Uncalled, Contradicted Alibi Witness

Date: Nov 7, 2025
Asmelash v. State: Harmless-Error Review Governs Denial of Juror Requests to Replay Admitted Video; No Strickland Prejudice from Uncalled, Contradicted Alibi Witness Introduction In Asmelash v. State...
Georgia Supreme Court Reaffirms Default-Based Disbarment for Client Abandonment; Misrepresentation to Client Alone Supports Rule 8.4(a)(4)

Georgia Supreme Court Reaffirms Default-Based Disbarment for Client Abandonment; Misrepresentation to Client Alone Supports Rule 8.4(a)(4)

Date: Nov 7, 2025
Georgia Supreme Court Reaffirms Default-Based Disbarment for Client Abandonment; Misrepresentation to Client Alone Supports Rule 8.4(a)(4) Introduction In In the Matter of Brian Joel Aplin (S25Y0795,...
Silence Is Admission: Georgia High Court Reaffirms Presumptive Disbarment for Knowing Client Abandonment and Non‑Cooperation, with Restitution as a Readmission Prerequisite

Silence Is Admission: Georgia High Court Reaffirms Presumptive Disbarment for Knowing Client Abandonment and Non‑Cooperation, with Restitution as a Readmission Prerequisite

Date: Nov 7, 2025
Silence Is Admission: Georgia High Court Reaffirms Presumptive Disbarment for Knowing Client Abandonment and Non‑Cooperation, with Restitution as a Readmission Prerequisite Court: Supreme Court of...
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