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

ICWA Nonwaivability in Private Termination/Stepparent Adoption Proceedings: Courts Must Independently Determine Applicability; Stipulation Error Is Harmless Absent “Reason to Know”

Date: Aug 21, 2026

ICWA Nonwaivability in Private Termination/Stepparent Adoption Proceedings: Courts Must Independently Determine Applicability; Stipulation Error Is Harmless Absent “Reason to Know” Case: Parenting...

Serial Habeas Filings While Postconviction Relief Is Pending: Habeas Denied and Prefiling Leave Requirement Authorized

Date: Aug 21, 2026

Serial Habeas Filings While Postconviction Relief Is Pending: Habeas Denied and Prefiling Leave Requirement Authorized Case: Smith v. Reich (Mont. Sup. Ct. OP 26-0548) Date: August 18, 2026...

Direct-Appeal Ineffective Assistance Claims Must Be Record-Based; Pro Se Appellants Must Cite the Record and Authority (State v. B. Ackerman)

Date: Aug 21, 2026

Direct-Appeal Ineffective Assistance Claims Must Be Record-Based; Pro Se Appellants Must Cite the Record and Authority (State v. B. Ackerman) 1. Introduction In State v. B. Ackerman, 2026 MT 196N,...

Stipulation and Failure to Object Waive Appellate Claims for Elapsed (Street) Time Credit in Revocation Sentencing

Date: Aug 21, 2026

Stipulation and Failure to Object Waive Appellate Claims for Elapsed (Street) Time Credit in Revocation Sentencing 1. Introduction State v. R. Jore (Mont. Sup. Ct. Aug. 18, 2026) addresses a...

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process

Date: Aug 21, 2026

Standing Bar to Equal-Protection Claims Based on Nonprosecution, and Renewed Emphasis on State-Remedy Prerequisites for Procedural Due Process I. Introduction Chase Peden v. Glenn Stephens (11th Cir....

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority

Date: Aug 21, 2026

No Plain-Error Relief for § 1028A Mandatory Minimum Home-Detention Requests Absent Controlling Authority Case: United States v. Allen Pendergrass (11th Cir. Aug. 19, 2026) (per curiam, not for...

Certification on Indiana’s “One Action” Statute: Applicability to Mortgage Guaranties and Enforceability of Waiver

Date: Aug 21, 2026

Certification on Indiana’s “One Action” Statute: Applicability to Mortgage Guaranties and Enforceability of Waiver 1. Introduction Merchants Bank of Indiana v. David Craik (7th Cir. Aug. 19, 2026)...

FIRREA Succession Clause Does Not Transfer Investors’ Rule 10b-5 Purchase-and-Sale Claims to the FDIC; No FIRREA Exhaustion for Third-Party Securities Claims

Date: Aug 21, 2026

FIRREA Succession Clause Does Not Transfer Investors’ Rule 10b-5 Purchase-and-Sale Claims to the FDIC; No FIRREA Exhaustion for Third-Party Securities Claims Introduction Sjunde AP-Fonden v. FDIC (2d...

Specific Jurisdiction Requires Forum-Directed Affirmative Acts; Alleged Policy Omissions by a National Organization Do Not Suffice

Date: Aug 21, 2026

Specific Jurisdiction Requires Forum-Directed Affirmative Acts; Alleged Policy Omissions by a National Organization Do Not Suffice 1. Introduction E.T. v. the Boys and Girls Club of Hudson County...

State v. Engel: Warndahl Attenuation Governs Suppression of New Crimes Committed in Response to Unconstitutional Seizures

Date: Aug 21, 2026

Warndahl Attenuation Governs Suppression of “New Crime” Evidence Following an Unconstitutional Seizure (and Vehicular Flight May Be Admissible) Case: State of Minnesota v. Nicholas Norton Engel...

Twenty-Sixth Amendment Requires Age-Neutral Access to State-Provided Voting Methods (No-Excuse Absentee-by-Mail)

Date: Aug 21, 2026

Twenty-Sixth Amendment Requires Age-Neutral Access to State-Provided Voting Methods (No-Excuse Absentee-by-Mail) Case: Trudy Grant v. Conway Belangia (No. 25-1413) — United States Court of Appeals...

Qualified Immunity for Threat-Based Arrests Supported by a Disinterested Witness Report and the Suspect’s Admission; Narrow Use of Pendent Appellate Jurisdiction

Date: Aug 21, 2026

Qualified Immunity for Threat-Based Arrests Supported by a Disinterested Witness Report and the Suspect’s Admission; Narrow Use of Pendent Appellate Jurisdiction Case: Bonds v. Woodall (No. 25-60462)...

Mailing to a Property Owner’s Last Known Address “Provides” the § 12-63c Income-and-Expense Form; Actual Receipt Not Required

Date: Aug 21, 2026

Mailing to a Property Owner’s Last Known Address “Provides” the § 12-63c Income-and-Expense Form; Actual Receipt Not Required 1. Introduction Case: Greenwich Retail, LLC v. Town of Greenwich (Supreme...

Conditional Global Pleas: Prevailing on a Reserved Suppression Issue Can Permit Withdrawal of the Entire “Plea” When the Suppressed Evidence Was Also Material to the Companion Indictment

Date: Aug 21, 2026

Conditional Global Pleas: Prevailing on a Reserved Suppression Issue Can Permit Withdrawal of the Entire “Plea” When the Suppressed Evidence Was Also Material to the Companion Indictment Case: State...

Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions

Date: Aug 21, 2026

Proffer-Waiver Expansion: Opening Statements That Advance Contradictory Factual Theories Trigger Rebuttal Use of Proffer Admissions Case: United States v. Jose Tavares (No. 25-1489) (3d Cir. Aug. 17,...

Mann Act § 2422(a) Covers “Johns” Who Financially Induce Interstate Travel for Prostitution; Self-Representation May Be Revoked for Waiver by Conduct

Date: Aug 21, 2026

Mann Act § 2422(a) Covers “Johns” Who Financially Induce Interstate Travel for Prostitution; Self-Representation May Be Revoked for Waiver by Conduct Case: United States v. Jose Torres (3d Cir. Aug....

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations

Date: Aug 21, 2026

Bad-Faith Requirement for § 1983 Evidence-Fabrication Claims Arising from State Ethics Investigations 1. Introduction In Ernest N. Finley, Jr. v. Thomas Albritton (11th Cir. Aug. 17, 2026), Chief...

Residual-Exception Admission of Unsworn Recantation Letters to Defeat Grand-Jury Probable Cause at Summary Judgment

Date: Aug 21, 2026

Residual-Exception Admission of Unsworn Recantation Letters to Defeat Grand-Jury Probable Cause at Summary Judgment I. Introduction Batista-Reyes v. Paul (2d Cir. Aug. 17, 2026) arises from a 1993...

Broad Catchall Authority Under 18 U.S.C. § 3583(d): “Pay-if-able” Treatment-Cost Contributions as Valid Special Conditions of Supervised Release

Date: Aug 21, 2026

Broad Catchall Authority Under 18 U.S.C. § 3583(d): “Pay-if-able” Treatment-Cost Contributions as Valid Special Conditions of Supervised Release I. Introduction In United States v. Williams (10th...

Brown v. Wallace: Qualified-Immunity Denial at the Pleading Stage When Key Fourth Amendment Justification Facts Are Unknown; Reasonable Suspicion Minimum for Visual Body-Cavity Searches Outside Jail Intake

Date: Aug 21, 2026

Brown v. Wallace: Qualified-Immunity Denial at the Pleading Stage When Key Fourth Amendment Justification Facts Are Unknown; Reasonable Suspicion Minimum for Visual Body-Cavity Searches Outside Jail...