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

Government Breaches Plea Agreement by Advocating Restitution Contrary to “Restitution: N/A”; Restitution Vacated and Remand to a Different Judge

Date: Jan 8, 2026

Government Breaches Plea Agreement by Advocating Restitution Contrary to “Restitution: N/A”; Restitution Vacated and Remand to a Different Judge Introduction In United States v. Apolinaris (2d Cir....

United States v. Blake: Criminal History Points for DWAI and CREAMMA “Expungements” Stand Absent Preserved, Developed Guidelines Arguments; Minor-Role Relief Denied Where Defendant Admits Agreement to Sell

Date: Jan 8, 2026

United States v. Blake: Criminal History Points for DWAI and CREAMMA “Expungements” Stand Absent Preserved, Developed Guidelines Arguments; Minor-Role Relief Denied Where Defendant Admits Agreement...

Willful-and-Malicious Trade-Secret Misappropriation Supports Fee Awards Even With Zero Damages; Fee Appeal Cannot Revive Untimely Merits Appeal

Date: Jan 8, 2026

Willful-and-Malicious Trade-Secret Misappropriation Supports Fee Awards Even With Zero Damages; Fee Appeal Cannot Revive Untimely Merits Appeal I. Introduction Equity Resources, Inc. v. T2 Financial,...

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts

Date: Jan 8, 2026

Sixth Circuit: CJA Investigative Funding Requires Specific, Defense-Tied Necessity; No Evidentiary Hearing Absent Contested Facts I. Introduction In United States v. Udell Carroll, III (6th Cir. Jan....

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and (3) No Presumed Jury Prejudice After a Full Remmer Hearing

Date: Jan 8, 2026

United States v. Hill: Sixth Circuit Reaffirms (1) No Reversal for Single-to-Multiple Conspiracy Variance Without Proof of Prejudice, (2) Constructive Possession via Dominion Over Drug Premises, and...

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply Cause-and-Prejudice to Overcome Procedural Default

Date: Jan 8, 2026

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply...

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy

Date: Jan 8, 2026

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy 1. Introduction In Murray v. The State (Supreme Court of...

Rhode Island Codifies a Non-Waivable Five-Bar-Exam Failure Cap and Tightens Exam/UBE-Transfer Pathways for Admission

Date: Jan 8, 2026

Rhode Island Codifies a Non-Waivable Five-Bar-Exam Failure Cap and Tightens Exam/UBE-Transfer Pathways for Admission 1. Introduction In In re Amendments to Board of Bar Examiners Rules of Practice...

Radfar v. Covino: Off-Duty Protective-Order Litigation Is Not “Color of Law,” a Stray Ethnic Slur Alone Won’t Prove Discriminatory Purpose, and Malicious Prosecution Requires an Initiated Criminal Proceeding

Date: Jan 8, 2026

Radfar v. Covino: Off-Duty Protective-Order Litigation Is Not “Color of Law,” a Stray Ethnic Slur Alone Won’t Prove Discriminatory Purpose, and Malicious Prosecution Requires an Initiated Criminal...

Idaho Code § 55-3211 Makes HOA Short-Term Rental Bans Property-Based Unless the Affected Owner Expressly Consents in Writing

Date: Jan 8, 2026

Idaho Code § 55-3211 Makes HOA Short-Term Rental Bans Property-Based Unless the Affected Owner Expressly Consents in Writing Introduction North Henry's Lake Homeowners Association, Inc. v. Bryan...

Minor Late Disclosure Without Prejudice Does Not Require Exclusion; CAMA Assessments Retain a Strong Presumption of Validity

Date: Jan 8, 2026

Minor Late Disclosure Without Prejudice Does Not Require Exclusion; CAMA Assessments Retain a Strong Presumption of Validity Introduction In H. Kenneth Johnston II v. Todd Ernst, in his official...

Maltese v. Brown — Sovereign Immunity Bars Retroactive Relief; § 1983 Requires Nonconclusory Personal-Involvement Allegations

Date: Jan 8, 2026

Sovereign Immunity Bars Retroactive Monetary/Benefits Relief Against State Officials (Absent Ongoing Federal Violations), and § 1983 Claims Fail Without Nonconclusory Allegations of Personal...

Meaningful Guideline Consideration as a Substantive-Reasonableness Constraint on Major Upward Variances (United States v. John Lee)

Date: Jan 8, 2026

Meaningful Guideline Consideration as a Substantive-Reasonableness Constraint on Major Upward Variances (United States v. John Lee) 1. Introduction In United States v. John Lee (11th Cir. Jan. 6,...

Extensive-Fraud Loss Attribution: Including Cash and Unattributed (Blank) Money Orders Absent a Credible Legitimate Source Showing

Date: Jan 8, 2026

Extensive-Fraud Loss Attribution: Including Cash and Unattributed (Blank) Money Orders Absent a Credible Legitimate Source Showing I. Introduction In United States v. Fatai Okunola (6th Cir. Jan. 6,...

No Clearly Established Supervisory Duty to Oversee Officers on Private Paid Details; Pattern-or-No-Training Required to Defeat Qualified Immunity in § 1983 Supervision/Training/Discipline Claims (Hankins v. Martin)

Date: Jan 8, 2026

No Clearly Established Supervisory Duty to Oversee Officers on Private Paid Details; Pattern-or-No-Training Required to Defeat Qualified Immunity in § 1983 Supervision/Training/Discipline Claims...

Aggravated Assault Must Merge into Malice Murder When the Assaultive Injury Contributes to Death, Requiring Resentencing on Dependent Possession Counts — Adams v. State

Date: Jan 8, 2026

Aggravated Assault Must Merge into Malice Murder When the Assaultive Injury Contributes to Death, Requiring Resentencing on Dependent Possession Counts — Adams v. State (Ga. Jan. 5, 2026) 1....

Smith v. State (Ga. 2026): Plain-Error Limits on Hearsay/Confrontation Challenges to Nonverbal Evidence (Photo-Sending) and Strict Preservation of Objections

Date: Jan 8, 2026

Smith v. State (Ga. 2026): Plain-Error Limits on Hearsay/Confrontation Challenges to Nonverbal Evidence (Photo-Sending) and Strict Preservation of Objections Introduction In Smith v. State, the...

Sellers v. State: “Slight Evidence” Justifies a Parties-to-a-Crime Charge Even When the State Proceeds on a Shooter Theory

Date: Jan 8, 2026

Sellers v. State: “Slight Evidence” Justifies a Parties-to-a-Crime Charge Even When the State Proceeds on a Shooter Theory Court: Supreme Court of Georgia Date: January 5, 2026 Case: Sellers v. State...

Rhode Island Establishes a Firm Five-Bar-Exam Failure Cap and Creates Supervised Temporary Practice Pending Admission

Date: Jan 8, 2026

Rhode Island Establishes a Firm Five-Bar-Exam Failure Cap and Creates Supervised Temporary Practice Pending Admission 1. Introduction In In re Amendments to Article II of the Supreme Court Rules...

Search-Incident-to-Arrest in the Tenth Circuit Requires an Actual Arrest; Post-Search “Consent” Does Not Cure an Illegal Wallet Search — Montgomery v. Cruz

Date: Jan 8, 2026

Search-Incident-to-Arrest in the Tenth Circuit Requires an Actual Arrest; Post-Search “Consent” Does Not Cure an Illegal Wallet Search 1. Introduction In Montgomery v. Cruz (10th Cir. Jan. 6, 2026),...

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