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

Allen v. State (Ga. 2026): Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code

Date: Aug 14, 2026

Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code Introduction In Allen v. State (Supreme Court of Georgia,...

Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks

Date: Aug 14, 2026

Florida “Community Control” Is “Confinement” Under the INA’s “Term of Imprisonment,” Preserving Aggravated-Felony Expedited Removal and Defeating § 1326(d) Collateral Attacks 1. Introduction United...

Browne v. State — “Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review

Date: Aug 14, 2026

“Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review 1. Introduction Browne v. State (Supreme Court of Georgia, Aug. 13, 2026) affirmed Theodore...

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law”

Date: Aug 14, 2026

Harboring Under 8 U.S.C. § 1324: Intent to Shield Can Be Inferred from Concealment Practices and Exploitative Domestic Labor, and Credibility Attacks Rarely Satisfy “Incredible as a Matter of Law” 1....

Probable Cause to Prosecute Survives Fabrication Allegations When Unchallenged Evidence Independently Supports Constructive Gun Possession

Date: Aug 14, 2026

Probable Cause to Prosecute Survives Fabrication Allegations When Unchallenged Evidence Independently Supports Constructive Gun Possession I. Introduction Case: Jevarreo Kelley-Lomax v. City of...

Appellate-Delay Due Process in Georgia: “Actual Prejudice” Required; Loss of Trial File Alone Is Insufficient

Date: Aug 14, 2026

Appellate-Delay Due Process in Georgia: “Actual Prejudice” Required; Loss of Trial File Alone Is Insufficient Case: Kelly v. State (Supreme Court of Georgia, Aug. 13, 2026) Posture: Appeal from...

Implicit Highest-and-Best-Use Adoption and Deference to Tax Court Credibility Findings in Conservation-Easement Valuation

Date: Aug 14, 2026

Implicit Highest-and-Best-Use Adoption and Deference to Tax Court Credibility Findings in Conservation-Easement Valuation 1. Introduction This consolidated Eleventh Circuit appeal arises from a...

Removal Under Alternative Immigration Authority Moots Alien Enemies Act Injunction Appeal Absent a Certified Class

Date: Aug 14, 2026

Removal Under Alternative Immigration Authority Moots Alien Enemies Act Injunction Appeal Absent a Certified Class Case: W.M.M. v. Trump (5th Cir. Aug. 13, 2026) (en banc) 1. Introduction W.M.M. v....

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Occurred Earlier (Not Merely Might Have) Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

AEDPA Deference After Conclusory State-Court Merits Denials: Richter “Could-Have-Supported” Review and Plea Validity Based on Statutory Maximum Notice

Date: Aug 14, 2026

AEDPA Deference After Conclusory State-Court Merits Denials: Richter “Could-Have-Supported” Review and Plea Validity Based on Statutory Maximum Notice Case: Eric Thomas v. Kim Cargor (Sixth Circuit)...

Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing

Date: Aug 14, 2026

Government “Pivot” Advocacy and Plain-Error Limits on Plea-Agreement Breach Claims at Sentencing 1. Introduction In United States v. William Manderville (3d Cir. Aug. 13, 2026) (not precedential),...

Concrete “Would Have” FDA-Approval Proof Required for Antitrust Injury in Reverse-Payment (Pay-for-Delay) Cases

Date: Aug 14, 2026

Concrete “Would Have” FDA-Approval Proof Required for Antitrust Injury in Reverse-Payment (Pay-for-Delay) Cases 1. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Been Earlier (Not Merely Could Have)

Date: Aug 14, 2026

Reverse-Payment Antitrust Standing Requires Proof FDA Approval Would Have Been Earlier (Not Merely Could Have) I. Introduction In re: Lipitor Antitrust Litigation (3d Cir. Aug. 13, 2026) arises from...

§ 1983 DNA-Testing Statute Challenges Survive Rooker–Feldman; Standing Lies Against the Prosecutor Who Controls Access

Date: Aug 14, 2026

§ 1983 DNA-Testing Statute Challenges Survive Rooker–Feldman; Standing Lies Against the Prosecutor Who Controls Access 1. Introduction In Reginald Chapman v. Eileen O'Neill Burke (7th Cir. Aug. 13,...

Seventh Circuit Establishes FSMA Whistleblower Retaliation Framework: SOX-Style Elements, Actual-Decisionmaker Knowledge, and “Contributing Factor” Causation

Date: Aug 14, 2026

Seventh Circuit Establishes FSMA Whistleblower Retaliation Framework: SOX-Style Elements, Actual-Decisionmaker Knowledge, and “Contributing Factor” Causation I. Introduction Case: Aisha Putnam v....

Conservation Easement Valuation: Tax Court May Credit One Expert and Need Not Separately Articulate Highest-and-Best-Use Findings Where Parties Agree

Date: Aug 14, 2026

Conservation Easement Valuation: Tax Court May Credit One Expert and Need Not Separately Articulate Highest-and-Best-Use Findings Where Parties Agree 1. Introduction Ralph G. Evans v. Commissioner of...

“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility

Date: Aug 14, 2026

“Seeking Admission” in INA § 1225(b)(2)(A) Means Seeking Lawful Entry: Noncitizens Who Entered Without Inspection Are Detained Under § 1226(a) With Bond Eligibility 1. Introduction Guerrero Orellana...

No Strickland Prejudice from Omitted Justification Charge When Evidence of Intentional Killing Is Overwhelming

Date: Aug 14, 2026

No Strickland Prejudice from Omitted Justification Charge When Evidence of Intentional Killing Is Overwhelming 1. Introduction In Lafargue v. State (Supreme Court of Georgia, Aug. 13, 2026), Ricky...

Non-Debtor Contractors Lack “Person Aggrieved” Standing to Appeal Title III Stay Orders Absent Direct, Creditor-Protective Pecuniary Harm

Date: Aug 14, 2026

Non-Debtor Contractors Lack “Person Aggrieved” Standing to Appeal Title III Stay Orders Absent Direct, Creditor-Protective Pecuniary Harm Case: LUMA Energy LLC v. Puerto Rico Dep't of Consumer...

Florida Felony Battery Remains a Guidelines “Crime of Violence” After Borden: Borden Does Not Abrogate Vail-Bailon

Date: Aug 14, 2026

Florida Felony Battery Remains a Guidelines “Crime of Violence” After Borden: Borden Does Not Abrogate Vail-Bailon 1. Introduction In United States v. Thomas Sheely, Jr. (11th Cir. Aug. 13, 2026),...