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restricting-&amp Case Commentaries

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan

Date: Nov 5, 2025
Rule 33 Is Not § 2255: Sixth Circuit Requires a “Modicum of Evidence” for New‑Trial Evidentiary Hearings and Reaffirms the “Foolishness” Deliberate‑Ignorance Instruction After Ruan Case: United...
Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions

Date: Nov 5, 2025
Res judicata reaffirmed: Second Circuit bars fourth federal suit challenging NYC Campaign Finance Board clawback and cautions vexatious filers with potential leave‑to‑file sanctions Introduction In a...
Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck

Date: Nov 5, 2025
Post-Filing Assignment Does Not Moot, Redundant Conspiracy Claims Are Dismissable, and “Actual Knowledge” Means Actual: The Second Circuit’s Summary Order in Fezzani v. Dweck Decision: Fezzani v....
Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Second Circuit Summary Order Reaffirms Minimal Due Process for Short Student Suspensions: Doe & Roe v. Levittown Public Schools

Date: Nov 5, 2025
Minimal Due Process for Ten-Day-or-Less Student Suspensions Reaffirmed; Evidence Sufficiency Review and Role-Separation Not Required (Doe & Roe v. Levittown Public Schools, 2d Cir. 2025) Case: John...
Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi

Date: Nov 5, 2025
Unwilling or Unable Controls: Second Circuit Reaffirms Private-Actor Persecution Standard and Limits to the Administrative Record in Martinez‑Martinez v. Bondi Introduction In Martinez‑Martinez v....
No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets (SEC v. Core Business One)

Date: Nov 5, 2025
No “Ministerial” Shield from Section 5: Second Circuit Affirms “Necessary Participant” Liability, Scienter by Admissions, and Disgorgement Without Unsupported Expense Offsets Case: SEC v. Core...
Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025)

Date: Nov 5, 2025
Reaffirming the Admissibility of Police Lay Identification Testimony and the Attempted Murder Cross-Reference in § 922(g) Sentencing: Commentary on United States v. King (2d Cir. 2025) Introduction...
Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025)

Date: Nov 5, 2025
Minimal Explanation Suffices for Within-Range Revocation Sentences Under Plain Error Review: United States v. Lopez (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit Date: November...
No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v. Paschal (Summary Order)

Date: Nov 5, 2025
No Presumption from 18 U.S.C. § 1591(c): Second Circuit Confirms “Reasonable Opportunity to Observe” as a Standalone Path; Confrontation/Rule 15 Claim Resolved by Harmless Error in United States v....
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum

Date: Nov 5, 2025
Second Circuit Reaffirms: Mere Derecognition Does Not Establish Injury-in-Fact; Student-Association “Legal Status” Conditions Are Viewpoint-Neutral, Reasonable Access Rules in a Limited Public Forum...
Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi

Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi

Date: Nov 5, 2025
Second Circuit Reaffirms Reliability Criteria for Credible Fear Interviews in Adverse Credibility Findings: Zafar v. Bondi Introduction In Zafar v. Bondi (No. 23-6312, Nov. 3, 2025), a summary order...
Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law

Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law

Date: Nov 5, 2025
Coleman v. Grand: Characterizing Conduct as “Sexual Harassment” Is Protected Opinion When Supported by Disclosed Facts Under New York Defamation Law Introduction In Coleman v. Grand (No. 21-800,...
Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses

Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses

Date: Nov 5, 2025
Incarceration Does Not Preclude a §3B1.1 Leadership Enhancement; Guidelines Counsel Consecutive Sentences for In‑Custody Offenses Case: United States v. Antoine D. Wilson Court: U.S. Court of Appeals...
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist

Date: Nov 5, 2025
Tailored, Treatment-Gated Cohabitation Restrictions Upheld: Sixth Circuit Affirms Temporary Ban on Living with Women for a Domestic-Violence Recidivist Introduction In United States v. Stephen...
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas

Date: Nov 5, 2025
Tenth Circuit Holds EAJA Applies to Habeas Challenges to Immigration Detention: “Any Civil Action” Includes Immigration Habeas Introduction This published decision from the U.S. Court of Appeals for...
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering

Date: Nov 5, 2025
Audience Matters: Tenth Circuit Confirms External Whistleblowing by Government Lawyers Is Not “Pursuant to” Official Duties Under Garcetti/Pickering Introduction In Timmins v. Plotkin, No. 24-1160...
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances

Date: Nov 5, 2025
Robin v. State: Wyoming Affirms 911 Calls Made During an Ongoing Emergency Are Nontestimonial and Admissible as Excited Utterances Introduction In Michael Isreal Robin, Sr. v. State of Wyoming, 2025...
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025)

Date: Nov 5, 2025
Attempted Armed Robbery Needs No Express Demand; Deliberate-Intent Murder May Be Proven by Circumstantial Timeline and Post-Offense Conduct: Commentary on State v. Sanders (N.M. 2025) Note on...
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10)

Date: Nov 4, 2025
Post‑Enactment COLAs Are Not “Accrued Benefits” Under Article III, § 20(a): Camacho v. Settlement Fund (2025 MP 10) Introduction In Camacho v. Settlement Fund, 2025 MP 10 (Nov. 3, 2025), the Supreme...
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447

Date: Nov 4, 2025
Illinois Supreme Court Requires Midtrial Directed‑Verdict Rulings Before the Defense Presents Evidence: People v. Johnson, 2025 IL 130447 Introduction In People v. Johnson, 2025 IL 130447, the...
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