no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

Single-RTO DFAX Studies May Establish “Deliverable into this State” for Noncontiguous Renewable Facilities under R.C. 4928.64(B)(3)(b)

Date: Aug 22, 2026

Single-RTO DFAX Studies May Establish “Deliverable into this State” for Noncontiguous Renewable Facilities under R.C. 4928.64(B)(3)(b) I. Introduction Case: In re Application of Moraine Wind, L.L.C.,...

Prison Policy Cannot Override Ohio Public Records Act Duties to Produce Disclosable Portions of an Inmate Master File

Date: Aug 22, 2026

Prison Policy Cannot Override Ohio Public Records Act Duties to Produce Disclosable Portions of an Inmate Master File Case: State ex rel. Harris v. Rasey, Slip Opinion No. 2026-Ohio-3104 (Ohio Aug....

Trust-Account Mismanagement and Negligent Compliance Misrepresentations Warrant a “Six Months and One Day” Suspension with Reinstatement Conditions

Date: Aug 22, 2026

Trust-Account Mismanagement and Negligent Compliance Misrepresentations Warrant a “Six Months and One Day” Suspension with Reinstatement Conditions 1. Introduction This attorney-discipline matter...

Robinson v. State (Del. 2026): Successive Rule 61 “Actual Innocence” Exception Requires Truly New, Non-Impeachment Evidence Likely to Change the Verdict

Date: Aug 22, 2026

Robinson v. State (Del. 2026): Successive Rule 61 “Actual Innocence” Exception Requires Truly New, Non-Impeachment Evidence Likely to Change the Verdict 1. Introduction In Robinson v. State (Del....

Circumstantial Proof of “Concealment” for Delaware CCDW: Jury May Infer Concealment from Video Comparison

Date: Aug 22, 2026

Circumstantial Proof of “Concealment” for Delaware CCDW: Jury May Infer Concealment from Video Comparison 1. Introduction In Scott v. State (Del. Aug. 18, 2026), the Delaware Supreme Court affirmed...

Barker v. State: Appellate Non-Reviewability of “General Grounds” New-Trial Claims Absent Discretion Error; Jury-Disbelief Defeats Justification on Sufficiency Review

Date: Aug 22, 2026

Barker v. State: Appellate Non-Reviewability of “General Grounds” New-Trial Claims Absent Discretion Error; Jury-Disbelief Defeats Justification on Sufficiency Review 1. Introduction In Barker v....

Brittain v. State: A Prospective Juror’s Bare Statement “He’s Guilty” Does Not Require Striking the Entire Venire, and a 911 Call Is Admissible Under Rule 403 When It Probatively Explains the Crime and Investigation

Date: Aug 22, 2026

Brittain v. State: A Prospective Juror’s Bare Statement “He’s Guilty” Does Not Require Striking the Entire Venire, and a 911 Call Is Admissible Under Rule 403 When It Probatively Explains the Crime...

Prior Domestic-Violence “Prior Difficulties” as Intrinsic Context Evidence in Homicide Trials (Rule 404(b) Bypassed)

Date: Aug 22, 2026

Prior Domestic-Violence “Prior Difficulties” as Intrinsic Context Evidence in Homicide Trials (Rule 404(b) Bypassed) 1. Introduction In Collins v. State (Supreme Court of Georgia, Aug. 18, 2026),...

Greene v. State (Ga. 2026): “Aggregate” juror irregularities do not compel mistrial or IAC absent proof of a fair-trial threat; counsel not deficient for skipping inadmissible hearsay witness

Date: Aug 22, 2026

Greene v. State (Ga. 2026): “Aggregate” juror irregularities do not compel mistrial or IAC absent proof of a fair-trial threat; counsel not deficient for skipping inadmissible hearsay witness 1....

Mitigation May Reduce Presumptive Disbarment to a Three-Year Suspension for Trust-Account Misuse and Intentional Concealment Absent Client Loss

Date: Aug 22, 2026

Mitigation May Reduce Presumptive Disbarment to a Three-Year Suspension for Trust-Account Misuse and Intentional Concealment Absent Client Loss 1. Introduction Case: In the Matter of Fiame Michelle...

McNeil v. State (Ga. 2026): Record Preservation and Prejudice as Gatekeepers—Waiver Without a Complete Record and No Plain-Error Relief for Omitted Accomplice-Corroboration Charge Absent Likely Effect on the Verdict

Date: Aug 22, 2026

McNeil v. State (Ga. 2026): Record Preservation and Prejudice as Gatekeepers—Waiver Without a Complete Record and No Plain-Error Relief for Omitted Accomplice-Corroboration Charge Absent Likely...

Milton v. State — Sufficiency Standard Reaffirmed: Juries May Reject “Accident” and Justification When Firearm Evidence and Circumstances Support an Intentional, Unjustified Shooting

Date: Aug 22, 2026

Milton v. State — Sufficiency Standard Reaffirmed: Juries May Reject “Accident” and Justification When Firearm Evidence and Circumstances Support an Intentional, Unjustified Shooting 1. Introduction...

Richardson v. State: Strategic Cross-Examination Eliciting “Ultimate Issue” Lay Opinions Does Not Establish Ineffective Assistance Under Georgia’s Evidence Code

Date: Aug 22, 2026

Richardson v. State: Strategic Cross-Examination Eliciting “Ultimate Issue” Lay Opinions Does Not Establish Ineffective Assistance Under Georgia’s Evidence Code 1. Introduction In Richardson v. State...

Twum-Baah v. State: Recusal Claims Do Not Support Reversal Where a Different Judge Issued the Dispositive Habeas Order and the Appellant Fails to Enumerate Error to the Dismissal Ground

Date: Aug 22, 2026

Twum-Baah v. State: Recusal Claims Do Not Support Reversal Where a Different Judge Issued the Dispositive Habeas Order and the Appellant Fails to Enumerate Error to the Dismissal Ground 1....

Circumstantial Digital Identifiers Satisfy Prima Facie Authentication of Social-Media Message Logs

Date: Aug 22, 2026

Circumstantial Digital Identifiers Satisfy Prima Facie Authentication of Social-Media Message Logs Introduction In Williams v. State (Ga. Aug. 18, 2026), Jaiden Williams appealed his Fulton County...

Treatment-Motive Foundations for Child Medical-Hearsay and Limits on Case-Specific “Credibility by Inflection” Expert Testimony

Date: Aug 22, 2026

Treatment-Motive Foundations for Child Medical-Hearsay and Limits on Case-Specific “Credibility by Inflection” Expert Testimony 1. Introduction In State of New Hampshire v. Madison T. West (N.H. Aug....

Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702

Date: Aug 22, 2026

Undue Hardship After Groff: Upholding Healthcare COVID-19 Vaccine Mandates and Excluding Unreliable Rebuttal Experts Under Rule 702 1. Introduction In Sara Slattery v. Main Line Health Inc (3d Cir....

Supervisory Control Will Not Correct Denial of Intervention Where Interests Are Fact-Dependent and Lobbying Alone Is Not a Legally Protectable Interest

Date: Aug 21, 2026

Supervisory Control Will Not Correct Denial of Intervention Where Interests Are Fact-Dependent and Lobbying Alone Is Not a Legally Protectable Interest Case: Chamber of Commerce v. 1st Judicial...

Continuing Loss-of-Use Contract Damages After Property Sale and Full Contract Fee Recovery When Contract and MCPA Claims Are Inextricably Intertwined

Date: Aug 21, 2026

Continuing Loss-of-Use Contract Damages After Property Sale and Full Contract Fee Recovery When Contract and MCPA Claims Are Inextricably Intertwined 1. Introduction Mcnain Holdings v. Wilderness...

MAPA’s 30-Day Judicial-Review Deadline Is Strict, with Only Narrow Equitable Relief Requiring Diligence and External Impediment

Date: Aug 21, 2026

MAPA’s 30-Day Judicial-Review Deadline Is Strict, with Only Narrow Equitable Relief Requiring Diligence and External Impediment Introduction In NOCR v. MT Dept. of Revenue (2026 MT 197N), the Montana...