reaffirmation-of-strict-liability-in-manufacturers& Case Commentaries

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability

Date: Oct 1, 2025

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing

Date: Oct 1, 2025

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive Alternatives

Date: Oct 1, 2025

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive...

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements: A Commentary on Patrick Jones Jr. v. Lake County Sheriff’s Office (7th Cir. 2025)

Date: Oct 1, 2025

Confidential Oversight Is Not “Public Disclosure,” and Undersheriffs Receive Absolute Immunity for On‑Duty Statements Case: Patrick Jones Jr. v. Lake County Sheriff’s Office & Lawrence Oliver Court:...

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821

Date: Oct 1, 2025

No But-For Link: Sixth Circuit Narrows “Relevant Conduct” for Prior-Sentence Points After Amendment 821 Introduction In United States v. Ronnie Edward Duke, the Sixth Circuit addressed a recurring...

Street-Time Credit Cannot Be Denied for Restitution Nonpayment Without a DOC-Set Payment Schedule and Specific, Recorded Violations: State v. Powell (2025 MT 218)

Date: Oct 1, 2025

Street-Time Credit Cannot Be Denied for Restitution Nonpayment Without a DOC-Set Payment Schedule and Specific, Recorded Violations Commentary on State v. Powell, 2025 MT 218 (Mont. Sept. 30, 2025)...

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence

Date: Oct 1, 2025

No Bruen Abrogation of § 922(g)(1) in the Eleventh Circuit; Harmlessness via Keene Where District Court Announces Identical Alternative Sentence Commentary on United States v. Roderick Farrier, No....

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse

Date: Oct 1, 2025

Strong DNA on Trigger and Grip, Coupled with Access and Furtive Movements, Is Sufficient to Prove Knowing Possession Under § 922(g) Even When the Gun Is in a Passenger’s Purse Introduction This...

Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC

Date: Oct 1, 2025

Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC Introduction In State of Georgia...

Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants

Date: Oct 1, 2025

Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants...

Hill v. State (Ga. 2025): Including “Age” in No‑Sympathy Jury Instructions Is Not Plain Error; Juvenile Miranda Waiver Upheld Under Totality Despite Reid‑Style Interviewing; Post‑Incision Autopsy Photo Admissible

Date: Oct 1, 2025

Including “Age” in No‑Sympathy Jury Instructions Is Not Plain Error; Juvenile Miranda Waiver Upheld Under Totality Despite Reid‑Style Interviewing; Post‑Incision Autopsy Photo Admissible Case: Hill...

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order)

Date: Oct 1, 2025

Physical Menace in Vermont Assault-and-Robbery Is a Crime of Violence Under the Guidelines’ Force Clause (Second Circuit Summary Order) Case: United States v. Williams, No. 24-2696-cr (2d Cir. Sept....

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data

Date: Oct 1, 2025

Reaffirming a Particularly Deferential Substantive Reasonableness Review: Second Circuit Upholds High-End Guidelines Sentence Despite Lower Recommendations and Aggregate Disparity Data Note: This is...

Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025

Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: In re T.F., F.F., and C.F. Introduction In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the...

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination

Date: Oct 1, 2025

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination Case: In re R.D., P.D., and L.M., No. 24-593...

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.) Introduction In a sprawling, multi-year prosecution...

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos Introduction This commentary analyzes the First...

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