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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025)

Date: Aug 28, 2025
Cumulative Rule 11 Errors—Including a Misstated Appeal Waiver—Invalidate Guilty Plea and Waiver: United States v. Ponce (4th Cir. 2025) Introduction In United States v. Abisail Ramirez Ponce, No....
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits

Date: Aug 28, 2025
The Wilson Clarification: Plea Stipulations Alone Do Not Restrict Government Sentencing Advocacy Absent Explicit Limits Introduction In United States v. William Dayshawn Wilson, a published decision...
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

Date: Aug 27, 2025
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards Introduction Carvalho v. Carvalho, 2025 ND 129, emerges from a...
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Date: Aug 27, 2025
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims Commentary on John Paul Mac Isaac v. Politico LLC, 319...
Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Date: Aug 26, 2025
Rodriguez v. Mauna Kea Resort LLC: The New Requirement to State the Exact Portion of a Service Charge Paid as Tip Income Introduction Rodriguez v. Mauna Kea Resort LLC, 155 Haw. 223 (Haw. 2025),...

        “Materiality of Temporal Inconsistencies in Credibility Assessments” — 
        Commentary on Bannikov v. Bondi (2d Cir. 2025)

“Materiality of Temporal Inconsistencies in Credibility Assessments” — Commentary on Bannikov v. Bondi (2d Cir. 2025)

Date: Aug 26, 2025
Materiality of Temporal Inconsistencies in Credibility Assessments — Analytical Commentary on Bannikov v. Bondi, 24-1202 (2d Cir. 2025) 1. Introduction Parties: Russian nationals Pavel Bannikov,...
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi

Date: Aug 26, 2025
“Active Protection” Defeats Persecution: The Second Circuit’s Clarification of the Unwilling-or-Unable Standard in Gualan-Pomaquiza v. Bondi Introduction In Gualan-Pomaquiza v. Bondi, No. 23-7852 (2d...
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Continuing EEOC Subpoena Power After a Right-to-Sue Letter: Analysis of EEOC v. AAM Holding Corp.

Date: Aug 26, 2025
Continuing EEOC Subpoena Power After a Right-to-Sue Letter: The Second Circuit’s Decision in EEOC v. AAM Holding Corp. Introduction On 25 August 2025 the United States Court of Appeals for the Second...

        Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) —
        Comment on United States v. Mercado (2025)

Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) — Comment on United States v. Mercado (2025)

Date: Aug 26, 2025
Second Circuit Authorizes Pre-Revocation Detention of Supervisees under 18 U.S.C. § 3143(a)(1) Commentary on United States v. Mercado, 25-206-cr (2d Cir. Aug. 25 2025) 1. Introduction United States...
“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation

“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation

Date: Aug 26, 2025
“Prematurity and Particularity” – The Eleventh Circuit’s Refinement of ADA Accommodation and Preliminary-Injunction Standards in Pro Se Civil Litigation Introduction In Kareem Marshall v. Creditors...
“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel

“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel

Date: Aug 26, 2025
“Intent-over-Incapacity”: The Eleventh Circuit Affirms that Mental Illness Alone Does Not Defeat Judicial Estoppel Introduction Mehrnoosh Payrow v. Chad Chronister addresses a civil rights action...
Choice-of-Law Limits on Restrictive-Covenant Litigation: Commentary on NetRoadshow, Inc. v. Carrandi (11th Cir. 2025)

Choice-of-Law Limits on Restrictive-Covenant Litigation: Commentary on NetRoadshow, Inc. v. Carrandi (11th Cir. 2025)

Date: Aug 26, 2025
Eleventh Circuit Draws a Clear Line Between Contractual and Statutory-Tort Claims in Choice-of-Law Analysis: NetRoadshow, Inc. v. Carrandi (11th Cir. 2025) 1. Introduction NetRoadshow, Inc. v. Lisa...
“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings

“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings

Date: Aug 26, 2025
“Plausibility over Formalism” – Burgess v. Palm Tran and the Eleventh Circuit’s Blueprint for Pro Se Employment-Discrimination Pleadings 1. Introduction Thomas Burgess, an African-American applicant...
United States v. Griffin (11th Cir. 2025): Eleventh Circuit Re-Affirms District Courts’ Discretion to Deny Compassionate Release Solely on § 3553(a) Grounds Despite Post-Sentence Legal Changes

United States v. Griffin (11th Cir. 2025): Eleventh Circuit Re-Affirms District Courts’ Discretion to Deny Compassionate Release Solely on § 3553(a) Grounds Despite Post-Sentence Legal Changes

Date: Aug 26, 2025
Eleventh Circuit Re-Affirms District Courts’ Discretion to Deny Compassionate Release Solely on § 3553(a) Grounds Despite Post-Sentence Legal Changes Introduction On 25 August 2025 the United States...
Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment

Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment

Date: Aug 26, 2025
Malick v. Croswell-Lexington: Sixth Circuit Clarifies the “Deliberate Indifference” Standard for Title VI Student-on-Student Harassment Introduction In April Malick v. Croswell-Lexington District...
Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2)

Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2)

Date: Aug 26, 2025
Discretion, Not Exclusion: Sixth Circuit Clarifies Rule 32(a) Admissibility and the Retroactive Reach of Amended Rule 801(d)(2) 1. Introduction Insight Terminal Solutions v. Cecelia Financial...

The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana
After Announcing Their Presence

The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence

Date: Aug 26, 2025
The Howell Rule: Qualified Immunity Shields Warrantless Entry When Officers Smell Marijuana After Announcing Their Presence Introduction In Matthew Howell v. Justin McCormick, No. 24-5570 (6th Cir....
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional

Date: Aug 26, 2025
Equitable Tolling Opens the Tax Court Door: Sixth Circuit Declares § 6213(a) Deadline Non-Jurisdictional Introduction In Naysha Y. Oquendo v. Commissioner of Internal Revenue, the United States Court...
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025)

Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025)

Date: Aug 26, 2025
Spousal Authority Over Impounded Marital Vehicles & Benchmark-Free Upward Variances: A Commentary on United States v. Candelaria (10th Cir. 2025) Introduction The United States Court of Appeals for...
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies

First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies

Date: Aug 26, 2025
First Circuit Narrows Duty-to-Defend for Additional Insureds: “Sole-Liability” & Strict-Notice Requirement Under Claims-Made Policies Introduction In BI 40 LLC v. Ironshore Specialty Insurance Co.,...
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