Ambiguity Between Guidelines “Departure” and “Variance” Requires Vacatur When It May Have Affected the Sentence 1. Introduction United States v. George Alexander is a Third Circuit sentencing appeal...
Third Circuit Establishes Two Key Rules: (1) Guns-for-Drugs Trades Are Per Se “Possession in Furtherance” Under 18 U.S.C. § 924(c); (2) Taylor’s Traditional Categorical Approach Governs “Felony Drug...
Tenth Circuit: Leave to Amend May Be Denied as Futile Where Proposed Pleading Remains Time-Barred, Rule 8 Deficient, or Legally Defective—Even After an Earlier Rule 8 Strike 1. Introduction In Moyer...
McCoy Structural Error Requires a Contemporaneous, Express Objection to Counsel’s Guilt Concession (and Mitigation-Concession Does Not Trigger Cronic) Case: United States v. Sago (10th Cir. July 1,...
Interstate-Wire Element in PPP Wire-Fraud Cases May Be Proven Through SBA Lender-Fee Payment Routing and Foreseeable “Forces Set in Motion” Case: United States v. Lacona (10th Cir. July 1, 2026)...
Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges 1. Introduction Miller v. State (Supreme Court of...
Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage 1. Introduction State v. Cullins (Supreme Court of Georgia, June 30, 2026)...
Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery Introduction In Smith v. State (Ga. June 30, 2026), the Supreme Court of Georgia affirmed...
Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice I. Introduction In Mosley v. State (Ga. June 30, 2026), Shawn...
Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant Court: Supreme Court of Georgia | Date:...
Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing 1. Introduction In Brown v. State, No. S26A0577 (Ga. June 30,...
Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations 1. Introduction In COLLINS v. THE STATE (Two...
Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat Case: BELL v. THE STATE (Two Cases) (No. S26A0188; No. S26A0483)...
Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists 1....
Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text 1. Introduction Warner v. Espitia (Supreme Court of Georgia, June 30, 2026) arises from...
Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence) Case: Walker v. State (Supreme Court of Georgia, June...
Hawaiʻi’s Mandatory Pretrial Evidentiary Voluntariness Hearing Rule for Inculpatory Statements (and the New-Trial Remedy), with State v. Goers Partially Overruled I. Introduction In State v....
Direct-Action Bar Reaffirmed: No Suit Against Auto Liability Insurer Without § 27-7-2 Exception; Bad-Faith Claims Require Contractual Entitlement Case: Bryan Edward Menge v. GEICO General Insurance...
Conditional Dismissals After Diversionary Programs Are Not “Favorable Terminations” for § 1983 Malicious Prosecution When the Dismissal Reflects a Compromise 1. Introduction Chapdelaine v. Desjardin...
Temporal Association Is Not Causation: Proving a Second Compensable Injury from a Medication Dosage Increase 1. Introduction In Sam Mcdonald v. State of Wyoming, Ex Rel. Department of Workforce...