Certified MDH HIV Surveillance Records Are Nontestimonial; § 97-27-14(1) Requires No Proof of Viral Load or Transmission Likelihood Case: Sims v. State of Mississippi, Supreme Court of Mississippi...
Post-Appeal Release and Mootness: Disputed Settlement Facts Require District-Court Determination Before Merits Review 1. Introduction Tammy Russell v. U.S. Dep't of Treasury (6th Cir. July 29, 2026)...
Anti-Waiver Statutes Do Not Preempt Forum Choice-of-Law: Kentucky’s § 188 “Most Significant Relationship” Test Governs Sales-Representative Termination Disputes Case: Bonfiglioli USA, Inc. v. Midwest...
Renewing Rule 29 Motions to Preserve Sufficiency Claims and Treating Digital-Forensics Disputes as Weight (Not Admissibility) Introduction In United States v. Scott Nelson (6th Cir. July 29, 2026)...
Judicial “Testimony” Under Rule 605 Is Subject to Rule 52(a) Harmless-Error Review Requiring an Effect on Substantial Rights United States v. Khari Qunarll Smith (with co-appellants Saruba Asante...
Sixth Circuit Establishes a “Substantial Rights” Harmless-Error Standard for Rule 605 Judicial “Testimony” (and Remands Where a Mandatory Guideline Reduction Was Omitted) 1. Introduction United...
Amended Judgments After § 2255: Direct Appeal Permitted, But ACCA Error Can Be Harmless and “Ransom” Includes Family-Hostage Demands 1. Introduction United States v. Michael Benanti (6th Cir. July...
Rule 605 Judicial-“Testimony” Error Is Subject to Rule 52(a) Harmless-Error Review (Substantial-Rights Standard) 1. Introduction United States v. Chanel Lashae Logan (consolidated appeals involving...
Midstream Miranda in the Sixth Circuit: “Genuine Choice” Controls, Officer Intent Is Irrelevant, and No Duty Exists to Disclaim the Earlier Unwarned Confession Case: United States v. Jarvis Clayborn...
Strategic Open-Plea Advice Is Not Ineffective Assistance Absent Unreasonableness; Unpreserved Rule 43 Claims Are Not Reviewed 1. Introduction In Paola v. State, 2026 ND 151, Tayven Lynn Paola sought...
Stipulated Post-Hearing Income Submissions Permit Supplemental Evidence, but Income Imputation Requires a Purpose Finding and Effective-Date Explanation 1. Introduction Childers v. Childers, 2026 ND...
Res Judicata Does Not Bar Later “Offset” Claims After a Default Judgment; CPLR 205(a) May Save Refiled Former Counterclaims Case: Vince's Pizza Plus, Inc. v. Dion DeFedericis, 2026 NY Slip Op 04598...
RPTL 497(2) Makes NYSERDA Filing Non-Precondition to Effectiveness of RPTL 487 Solar-Exemption Opt-Out Laws (and Applies Retroactively) 1. Introduction Matter of Solar Advocate Dev., LLC v Assessor...
Hayseeds “Necessity” Requires Insured Cooperation and Meaningful Demand; Bankruptcy-Related Noncooperation Defeats Fee-Shifting Introduction In Bristol Springs Custom Homes, LLC v. Argos Group US,...
Hayseeds “Necessity” Requires More Than Post-Suit Settlement Timing; West Virginia UTPA Subsections (b), (c), (d), (f), (g), and (m) Remain Unavailable to Insureds Introduction In Bristol Springs...
Equitable Tolling Requires Concrete Diligence in EEOC Filings; Ethnic “Food/Language” Remarks Alone May Not Meet § 1981 Hostile-Environment Threshold 1. Introduction In Raymond Rodriguez v. Loyal...
Excess Insurers Cannot Demur Solely for Non-Exhaustion: Declaratory Relief and Bad-Faith Claims May Proceed Upon Adequate Allegations of Covered Loss and Likely Attachment Case: Fox Paine & Co, LLC...
DVSJA “Significant Contributing Factor” Requires Evidence Linking Abuse to the Criminal Act—Childhood Trauma Alone Is Insufficient 1. Introduction People v Sean S. (Appellate Division, Fourth...
An Unqualified “No Objection” Waives Confrontation and Right-to-Counsel Claims and Limits Supervisory Relief 1. Introduction In State v. Keaton (Conn. July 28, 2026), the Supreme Court of Connecticut...
People v. Kadenhead: Common-Hallway Arrests Do Not Trigger Payton, and “Last-Seen” Video Evidence Can Supply Probable Cause Despite Timestamp Error Court: Appellate Division, Fourth Department...