sixth-circuit-affirms-constitutionality-of-18-u.s.c.-922(g Case Commentaries

H.B. 265’s Inmate Statutory-Damages Bar Applies to Public-Records Mandamus Actions Filed After April 9, 2025 (Even if the Requests Predate the Amendment)

Date: Jun 5, 2026

H.B. 265’s Inmate Statutory-Damages Bar Applies to Public-Records Mandamus Actions Filed After April 9, 2025 (Even if the Requests Predate the Amendment) I. Introduction State ex rel. Bates v....

Trial-Court Jurisdiction to Resolve Separate Posttrial Charges Filed Under the Same Case Number During a Pending Appeal

Date: Jun 5, 2026

Trial-Court Jurisdiction to Resolve Separate Posttrial Charges Filed Under the Same Case Number During a Pending Appeal I. Introduction In State ex rel. McIntyre v. McCarty, Slip Opinion No....

Invited-Error Limits Attempted-Murder Instruction Challenges; Peugh Requires Offense-Date Guidelines When Later Manual Raises the Range

Date: Jun 5, 2026

Invited-Error Limits Attempted-Murder Instruction Challenges; Peugh Requires Offense-Date Guidelines When Later Manual Raises the Range Introduction United States v. James (5th Cir. June 2, 2026)...

Declaratory Relief in § 1983 Cannot Salvage a Case that Pleads No Federal Rights Violation (Copeland v. Thornton)

Date: Jun 5, 2026

Declaratory Relief in § 1983 Cannot Salvage a Case that Pleads No Federal Rights Violation I. Introduction In Copeland v. Thornton (5th Cir. June 2, 2026) (per curiam) (unpublished), pro se plaintiff...

Sheffield v. State: Enforcing Barker Compliance—Trial Courts Must Expressly Calculate Speedy-Trial Delay and Attribute Non-COVID Docket Delays to the State

Date: Jun 5, 2026

Sheffield v. State: Enforcing Barker Compliance—Trial Courts Must Expressly Calculate Speedy-Trial Delay and Attribute Non-COVID Docket Delays to the State 1. Introduction In Sheffield v. State...

“Readily Available” Means Practically Obtainable—Not FDA-Approved: Contract Plain-Meaning Limits in Georgia’s Execution-Resumption Agreement

Date: Jun 5, 2026

“Readily Available” Means Practically Obtainable—Not FDA-Approved: Contract Plain-Meaning Limits in Georgia’s Execution-Resumption Agreement 1. Introduction STATE OF GEORGIA et al. v. FEDERAL...

Preston v. State: Prior Gunpoint Robberies Admissible to Prove Intent; Omitted Justification Charge Deemed Harmless Where Self‑Defense Evidence Is Meager

Date: Jun 5, 2026

Preston v. State: Prior Gunpoint Robberies Admissible to Prove Intent; Omitted Justification Charge Deemed Harmless Where Self‑Defense Evidence Is Meager 1. Introduction In Preston v. State (Supreme...

Almond v. State: Improper Shackling Does Not Require Reversal Absent Jury Visibility and Where the State Proves Harmlessness Beyond a Reasonable Doubt

Date: Jun 5, 2026

Almond v. State: Improper Shackling Does Not Require Reversal Absent Jury Visibility and Where the State Proves Harmlessness Beyond a Reasonable Doubt 1. Introduction In Almond v. State (Supreme...

Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice

Date: Jun 5, 2026

Vacatur When the Prevailing Agency Moots an APA/NEPA Appeal by Withdrawing Its Decision Memo and Renouncing the Challenged Practice Case: New Mexico Cattle Growers' Association v. United States...

Berger v. Berger (2026 ND 110): Res Judicata Bars Successive Postjudgment Enforcement Motions Re-Litigating Compliance Absent New Facts

Date: Jun 5, 2026

Res Judicata Bars Successive Postjudgment Motions Re-Litigating “Compliance” with a Property-Distribution Judgment Absent New Facts Case: Berger v. Berger, 2026 ND 110 (N.D. June 4, 2026) Court:...

Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims

Date: Jun 5, 2026

Trust Accounting Objections: Liberal Amendment and Summary-Judgment Limits in “Prudent Person” Diversification Claims Introduction In Matter of James M. McDonald III Trust (JP Morgan Chase Bank,...

Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment

Date: Jun 5, 2026

Public Street Utility-Vault Grate Gaps: Google Street Imagery, Competing Experts, and the Limits of “Trivial Defect” and “Open and Obvious” on Summary Judgment Introduction Stegman v City of Glens...

Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse

Date: Jun 5, 2026

Matter of Kosier: Triable SCPA 707 Disqualification Allegations Require a Hearing Before Granting Letters of Administration to a Surviving Spouse 1. Introduction Matter of Kosier (Appellate Division,...

Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026)

Date: Jun 5, 2026

Summary Judgment Requires Decipherable Proof Linking Business Records to the Amount Claimed: Gaul v. Cool Insuring Agency, Inc. (3d Dept 2026) 1. Introduction In Gaul v Cool Insuring Agency, Inc....

Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit

Date: Jun 5, 2026

Article 15 Requires Bona Fide Paid Municipal Employment: Sham “Donation-for-Job” Arrangements Do Not Create Service Credit 1. Introduction Matter of Ballard v DiNapoli (2026 NY Slip Op 03493 [3d Dept...

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous

Date: Jun 5, 2026

Unified Judicial System Clerks Are Not “Civil Officers” Required to Take and File Constitutional Oaths; Baseless Oath Challenges May Be Frivolous Commentary on Sanderson v. Demers, 2026 ND 113 (N.D....

People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access)

Date: Jun 5, 2026

People v. Russ: Inventory Searches Require Proof of Standardized, Discretion-Limiting Policy (Including Any Canine Use or Intrusive Compartment Access) 1. Introduction In People v Russ (2026 NY Slip...

Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis

Date: Jun 5, 2026

Unsigned Reclassification Paperwork Cannot Expand Civil Service Title Duties for Out-of-Title Work Analysis 1. Introduction Matter of Theopheles v. County of Rensselaer (Appellate Division, Third...

When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule

Date: Jun 5, 2026

When Parent–Grandparent Conflict Makes “As-Agreed” Visitation Untenable, Family Court Must Set a Definitive Schedule Matter of Justine N. v. Michelle P., 2026 NY Slip Op 03497 (App Div 3d Dept June...

Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation

Date: Jun 5, 2026

Diligent Efforts for Incarcerated Parents: Reasonable Contact Suffices, but Relative Placement Requires Affirmative Investigation 1. Introduction In Matter of Aliano E. (Alan E.) (2026 NY Slip Op...