protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”)

Date: Jan 11, 2026

Prolonged Probate Neglect Violates SCR 20:1.3, but Mitigation May Support Public Reprimand (and Full Costs Absent “Exceptional Circumstances”) 1. Introduction Office of Lawyer Regulation v. Bryant H....

AEDPA Deference Allows a Narrow Reading of Boykin’s “Affirmative Showing” and Permits Nexus-Based Discounting (Not Exclusion) of Capital Mitigation

Date: Jan 11, 2026

AEDPA Deference Allows a Narrow Reading of Boykin’s “Affirmative Showing” and Permits Nexus-Based Discounting (Not Exclusion) of Capital Mitigation 1. Introduction In Donald Herb Johnson v. Laura...

Myers v. Turn Key Health Clinics: Failure-to-Train Monell Claims Require a Predicate Constitutional Violation; Unargued Systemic Theories Are Waived

Date: Jan 11, 2026

Failure-to-Train Monell Liability Requires a Predicate Constitutional Violation; Systemic Theories Must Be Preserved on Appeal Case: Myers v. Turn Key Health Clinics (No. 24-5113) | Court: U.S. Court...

Bowe v. United States (2026): §2244(b)(3)(E) Does Not Bar Certiorari for Federal §2255 Movants, and §2244(b)(1) Old-Claim Bar Does Not Apply to Successive §2255 Motions

Date: Jan 11, 2026

Bowe v. United States: Federal Prisoners May Seek Certiorari from §2255 Gatekeeping Denials, and §2244(b)(1)’s “Old-Claim” Bar Does Not Govern Successive §2255 Motions Court: U.S. Supreme Court Date:...

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances

Date: Jan 11, 2026

Public Reprimand for Prolonged Probate Neglect Under SCR 20:1.3; Full Costs Required Absent Exceptional Circumstances Introduction Office of Lawyer Regulation v. Bryant H. Klos (2026 WI 1) is a...

Automatic Speedy Trial Act Tolling for “Any” Pretrial Motion—including Status-Conference Motions—and Deferential Review of Mid‑Trial Self‑Representation Requests (United States v. Richards)

Date: Jan 11, 2026

Automatic Speedy Trial Act Tolling for “Any” Pretrial Motion—including Status-Conference Motions—and Deferential Review of Mid‑Trial Self‑Representation Requests I. Introduction United States v....

State v. Pagliai: Plea Bargains Cannot Confer Authority to Tax Costs in Dismissed Criminal Cases

Date: Jan 11, 2026

Ultra Vires Cost Assessments in Dismissed Criminal Cases: Plea Agreements Cannot Expand a Court’s Statutory Dispositional Authority Case State of Iowa v. Ronald Richard Pagliai Court Supreme Court of...

Harmless-Error Rule for Conclusory Paragraph C “Marginal Adjustment” Findings When Supported Elsewhere in the ALJ Decision

Date: Jan 11, 2026

Harmless-Error Rule for Conclusory Paragraph C “Marginal Adjustment” Findings When Supported Elsewhere in the ALJ Decision 1. Introduction Laird v. Bisignano (5th Cir. Jan. 8, 2026) is a Social...

§ 2S1.1(a)(1) Applies When Laundered Funds Derive from a Drug-Conspiracy and the Drug Offense Level Can Be Approximated by Converting Cash to Drug Quantity Using Reliable, Wholesale Pricing

Date: Jan 11, 2026

§ 2S1.1(a)(1) Applies When Laundered Funds Derive from a Drug-Conspiracy and the Drug Offense Level Can Be Approximated by Converting Cash to Drug Quantity Using Reliable, Wholesale Pricing Case:...

Specific Field Evidence and Reasoned Credibility Findings Sustain RMA “Good Farming Practices” Denials Under APA Review

Date: Jan 11, 2026

Specific Field Evidence and Reasoned Credibility Findings Sustain RMA “Good Farming Practices” Denials Under APA Review 1. Introduction In Miller v. Federal Crop (5th Cir. Jan. 8, 2026) (per curiam,...

Context-Driven Ambiguity Under Pennsylvania Contract Law: “Retail Store” and “Store Door Delivery” Can Encompass Automated Fulfillment Centers

Date: Jan 11, 2026

Context-Driven Ambiguity Under Pennsylvania Contract Law: “Retail Store” and “Store Door Delivery” Can Encompass Automated Fulfillment Centers I. Introduction In Walter Davis v. Bimbo Foods Bakeries...

Rule 36 Limits: Correct the Record to the Statute of Conviction (Not Later Renumbered Subsections) and Permit PSR Clerical Corrections “At Any Time”

Date: Jan 11, 2026

Rule 36 Limits: Correct the Record to the Statute of Conviction (Not Later Renumbered Subsections) and Permit PSR Clerical Corrections “At Any Time” I. Introduction In United States v. William...

Rule 11(c)(1) Line-Drawing: A Judge May Address Counsel-Withdrawal Fallout and Note Plea-Offer Revocability Without “Participating” in Plea Negotiations

Date: Jan 11, 2026

Rule 11(c)(1) Line-Drawing: A Judge May Address Counsel-Withdrawal Fallout and Note Plea-Offer Revocability Without “Participating” in Plea Negotiations 1. Introduction United States v. Eckstein...

Contraindicated Medication Advice After Diagnosis Creates a Jury Issue on Deliberate Indifference (Seventh Circuit)

Date: Jan 11, 2026

Contraindicated Medication Advice After Diagnosis Creates a Jury Issue on Deliberate Indifference Case: Vernell Freeman v. Kimberly Myers and Noe Marandet Court: Court of Appeals for the Seventh...

United States v. Yumang: Trivial Courtroom Closures and Remote Lab-Analyst Impeachment

Date: Jan 11, 2026

Trivial Five‑Minute Courtroom Closures to Memorialize an Unrecorded Sidebar Do Not Implicate the Sixth Amendment Public‑Trial Right; Post‑Event Performance Plans Are Properly Excluded as Remote...

Adverse Medical-Debt Credit Reporting Is Commercial Speech; Idaho Patient Act Preconditions to “Extraordinary Collection Actions” Survive First and Fourteenth Amendment Facial Challenges

Date: Jan 11, 2026

Adverse Medical-Debt Credit Reporting Is Commercial Speech; Idaho Patient Act Preconditions to “Extraordinary Collection Actions” Survive First and Fourteenth Amendment Facial Challenges Introduction...

Adverse § 3553(a) Findings Alone Foreclose Compassionate Release Without Reaching “Extraordinary and Compelling” Disputes

Date: Jan 11, 2026

Adverse § 3553(a) Findings Alone Foreclose Compassionate Release Without Reaching “Extraordinary and Compelling” Disputes 1. Introduction In United States v. Frantz Pierre (11th Cir. Jan. 9, 2026)...

Rudra: Broad Application of Child-Exploitation Guideline Enhancements and Obstruction for Deleting Cloud Chats After Police Retain a Device

Date: Jan 10, 2026

Rudra: Broad Application of Child-Exploitation Guideline Enhancements and Obstruction for Deleting Cloud Chats After Police Retain a Device Case: United States v. Soumya Rudra (6th Cir. Jan. 9, 2026)...

Sofidel America v. OSHRC: Chenery-Constrained Review Requires a Clearly Defined “Hazardous Condition” and Substantial-Evidence Proof of Employer Knowledge for LOTO Citations

Date: Jan 10, 2026

Sofidel America v. OSHRC: Chenery-Constrained Review Requires a Clearly Defined “Hazardous Condition” and Substantial-Evidence Proof of Employer Knowledge for LOTO Citations 1. Introduction Parties....

Nonvoting Shareholders Lack Appraisal Rights in Asset Dispositions Absent an Express Charter Grant

Date: Jan 10, 2026

Nonvoting Shareholders Lack Appraisal Rights in Asset Dispositions Absent an Express Charter Grant Case: Streck, Inc. v. Ryan, 320 Neb. 638 (Neb. Jan. 9, 2026) Court: Supreme Court of Nebraska New...