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

State v. Cartwright—Commentary

Date: Jan 10, 2026

Invited-Omission Rule for § 27-403: A Defendant Who Secures Exclusion of Context Cannot Later Claim the Remaining “Consciousness of Guilt” Threat Evidence Misleads the Jury 1. Introduction State v....

Public-Employee Co-Worker Gross-Negligence Claims Survive Workers’ Compensation Exclusivity, But ITCA Presentment Must Name Each Employee Defendant

Date: Jan 10, 2026

Public-Employee Co-Worker Gross-Negligence Claims Survive Workers’ Compensation Exclusivity, But ITCA Presentment Must Name Each Employee Defendant Introduction In Sara Montague, individually, and as...

Equitable Reformation of Easement Deeds to Correct Misnamed Trust Grantors and Erroneous Legal Descriptions Without Protecting Non–Bona Fide Purchasers

Date: Jan 10, 2026

Equitable Reformation of Easement Deeds to Correct Misnamed Trust Grantors and Erroneous Legal Descriptions Without Protecting Non–Bona Fide Purchasers Case: Mark Fink and Stacey Fink v. Donald...

Inquiry Notice From Prior Pleadings Bars Later Defamation Claims Despite Possible Discovery Rule

Date: Jan 10, 2026

Inquiry Notice From Prior Pleadings Bars Later Defamation Claims Despite Possible Discovery Rule Case: Linda Betz v. Rebecca Mathisen, Eric Muller, Kelly Rasmuson and Michael Wilson Court: Supreme...

Berryman v. Huffman — AEDPA Deference Permits (at Least on Habeas Review) a Count-by-Count Speedy-Trial Remedy; Fifth Circuit Issues Rule 47.6 Summary Affirmance and Withdraws Prior Published Opinion

Date: Jan 10, 2026

AEDPA Deference Permits (at Least on Habeas Review) a Count-by-Count Speedy-Trial Remedy; Fifth Circuit Issues Rule 47.6 Summary Affirmance and Withdraws Prior Published Opinion Case: Berryman v....

Personal Rejection Is Not “Imputed Anti-Gang” Politics: Rigorous Nexus and PSG Membership Proof in MS-13 Gender-Based Asylum Claims

Date: Jan 10, 2026

Personal Rejection Is Not “Imputed Anti-Gang” Politics: Rigorous Nexus and PSG Membership Proof in MS-13 Gender-Based Asylum Claims Case: Ana Marquez-Cruz v. Pamela Bondi, No. 25-1219 (4th Cir. Jan....

“Required” Evidence and Unsworn Presentment Under 18 U.S.C. § 1546(a): Flexible Immigration Proof Becomes “Required” Once Chosen

Date: Jan 10, 2026

“Required” Evidence and Unsworn Presentment Under 18 U.S.C. § 1546(a): Flexible Immigration Proof Becomes “Required” Once Chosen Case: United States v. Oluwatoyin Aborisade (4th Cir. Jan. 8, 2026) |...

Hotel Checkout Ends Fourth Amendment Privacy: No Objectively Reasonable Expectation Five Hours After Checkout Absent Late-Checkout Arrangement

Date: Jan 10, 2026

Hotel Checkout Ends Fourth Amendment Privacy: No Objectively Reasonable Expectation Five Hours After Checkout Absent Late-Checkout Arrangement 1. Introduction In United States v. Ryan Mendoza (3d...

Acquitted Conduct After U.S.S.G. § 1B1.3(c): Still Usable Under § 3553(a) and § 1B1.4; “Significant” Collateral Consequences for the Concurrent Sentence Doctrine Must Be Concrete and Non‑Speculative

Date: Jan 10, 2026

Acquitted Conduct After U.S.S.G. § 1B1.3(c): Still Usable Under § 3553(a) and § 1B1.4; “Significant” Collateral Consequences for the Concurrent Sentence Doctrine Must Be Concrete and Non‑Speculative...

U.S.S.G. § 1B1.3(c) Limits Acquitted-Conduct Use Only in Guideline Calculations; Concurrent Sentence Doctrine Applies Absent Concrete, Non-Speculative Collateral Consequences

Date: Jan 10, 2026

U.S.S.G. § 1B1.3(c) Limits Acquitted-Conduct Use Only in Guideline Calculations; Concurrent Sentence Doctrine Applies Absent Concrete, Non-Speculative Collateral Consequences Case: United States v....

Deferral-as-Loss: Unpaid Bribery-Induced Lease Deferrals Count as Full “Loss/Benefit” Under U.S.S.G. § 2C1.1(b)(2), and Immunity-Testimony Prejudice Is Typically Cured by a Limiting Instruction

Date: Jan 10, 2026

Deferral-as-Loss: Unpaid Bribery-Induced Lease Deferrals Count as Full “Loss/Benefit” Under U.S.S.G. § 2C1.1(b)(2), and Immunity-Testimony Prejudice Is Typically Cured by a Limiting Instruction 1....

Rule 36 Limits: Clerical Corrections Must Reflect the Statute of Conviction (and PSRs Are Correctable “At Any Time”)

Date: Jan 10, 2026

Rule 36 Limits: Clerical Corrections Must Reflect the Statute of Conviction (and PSRs Are Correctable “At Any Time”) Case: United States v. William Baskerville (3d Cir. Jan. 8, 2026) (not...

Country-Conditions Arguments May Exhaust an Internal-Relocation Challenge; Speculative Hardship Plans Do Not Establish “Exceptional and Extremely Unusual Hardship”

Date: Jan 10, 2026

Country-Conditions Arguments May Exhaust an Internal-Relocation Challenge; Speculative Hardship Plans Do Not Establish “Exceptional and Extremely Unusual Hardship” I. Introduction Case: Hernandez...

Time-Limited, Health-Furthering Medical Exemptions Do Not Defeat General Applicability of COVID-19 Vaccine Mandates (and Reply-Brief Individualized-Exemption Theories Are Waived)

Date: Jan 10, 2026

Time-Limited, Health-Furthering Medical Exemptions Do Not Defeat General Applicability of COVID-19 Vaccine Mandates (and Reply-Brief Individualized-Exemption Theories Are Waived) Case: Brox v. Woods...

State v. Butler: Victim’s Age Is a Protected-Class Element Under K.S.A. 21-5601(b)(1) (No Knowledge Required)

Date: Jan 10, 2026

State v. Butler: Victim’s Age Is a Protected-Class Element Under K.S.A. 21-5601(b)(1) (No Knowledge Required) Introduction In State v. Butler (Kan. Jan. 9, 2026), the Kansas Supreme Court affirmed...

Anders Dismissal Where “Serious Bodily Injury” and Permanent-Scarring Enhancement Are Supported and Sentencing Objections Are Waived

Date: Jan 10, 2026

Anders Dismissal Where “Serious Bodily Injury” and Permanent-Scarring Enhancement Are Supported and Sentencing Objections Are Waived 1. Introduction In United States v. Julian Breal (7th Cir. Jan. 9,...

Post-Snyder § 666 Bribery in the Seventh Circuit: Quid Pro Quo Required, No “Magic Words,” and “Corruptly” Means Intent to Trade Value for Influence

Date: Jan 10, 2026

Post-Snyder § 666 Bribery in the Seventh Circuit: Quid Pro Quo Required, No “Magic Words,” and “Corruptly” Means Intent to Trade Value for Influence 1. Introduction United States v. Charles Cui (7th...

Irreparable Harm Requires a Legally Available Referendum: Kemp Bars Injunctive Relief Against Atlanta’s Petition-Circulator Residency Rule

Date: Jan 10, 2026

Irreparable Harm Requires a Legally Available Referendum: Kemp v. City of Claxton Bars Injunctive Relief Against Atlanta’s Petition-Circulator Residency Rule I. Introduction In Lisa Baker v. City of...

Reindictment After Nolle Prosequi (Before Jeopardy Attaches) Does Not Offend Double Jeopardy or “Judicial Manipulation” Absent Improper State Purpose

Date: Jan 10, 2026

Reindictment After Nolle Prosequi (Before Jeopardy Attaches) Does Not Offend Double Jeopardy or “Judicial Manipulation” Absent Improper State Purpose Case: Fayton v. State Court: Supreme Court of...

Chen v. Bondi: Reaffirming that Multiple Interview–Hearing Inconsistencies and Missing Readily Available Corroboration Sustain an Adverse Credibility Finding

Date: Jan 10, 2026

Chen v. Bondi: Reaffirming that Multiple Interview–Hearing Inconsistencies and Missing Readily Available Corroboration Sustain an Adverse Credibility Finding Introduction In Chen v. Bondi (2d Cir....

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