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

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions Introduction In United States v. Vázquez-Rijos, the...

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos...

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense (United States v. Foley)

Date: Sep 30, 2025

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense Introduction In United States v....

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025)

Date: Sep 30, 2025

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit (Summary Order,...

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death

Date: Sep 30, 2025

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death Introduction In an Administrative Actions entry...

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure: Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond

Date: Sep 30, 2025

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond Introduction In a...

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims

Date: Sep 30, 2025

Nebraska Failure‑to‑Warn Law Clarified: Learned Intermediary Extends to Proximate Cause and Supports Merging Negligence and Strict Liability Claims Introduction In Jeffrey Thelen v. Somatics, LLC,...

Lying About Indictment Status on Form 4473 Is “Material” Under § 922(a)(6) Where § 922(n) Is Facially Valid: Commentary on United States v. Reilly (10th Cir. 2025)

Date: Sep 30, 2025

Lying About Indictment Status on Form 4473 Is “Material” Under § 922(a)(6) Where § 922(n) Is Facially Valid: Commentary on United States v. Reilly (10th Cir. 2025) Introduction In United States v....

Sixth Circuit Applies Muldrow to Title VII Religion Claims, Abrogates “Independent Harm” Rule, and Treats Coercive Sincerity Interviews as Potential Retaliation

Date: Sep 30, 2025

Sixth Circuit Applies Muldrow to Title VII Religion Claims, Abrogates “Independent Harm” Rule, and Treats Coercive Sincerity Interviews as Potential Retaliation Introduction In Jeffrey Bilyeu v....

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa

Date: Sep 30, 2025

EEZs Count as “High Seas,” MDLEA’s Stateless-Vessel Rule Stands, and No U.S. Nexus Is Required: Eleventh Circuit Reaffirms in United States v. Juan De Leon Berroa Introduction In United States v....

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a)

Date: Sep 30, 2025

Post‑Abitron, Narrowing an Injunction Does Not Strip Prevailing‑Party Status or Preclude Exceptional‑Case Fees Under § 1117(a) Introduction In this unpublished per curiam decision, the Eleventh...

No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing (United States v. Rahmankulov)

Date: Sep 30, 2025

No Constructive Amendment Where §1344 Indictment Language Subsumes Both Prongs; Second Circuit Reaffirms Deference to “Intended Loss” Commentary and Jointly Undertaken Activity at Sentencing Case:...

“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop

Date: Sep 30, 2025

“Move Over” Means Move Over: Second Circuit (Nonprecedential) Clarification That N.Y. VTL § 1144-a(b) Mandates a Lane Change (When Safe), Supporting Reasonable Suspicion for a Traffic Stop...

Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations

Date: Sep 30, 2025

Reaffirming Deference to Sentencing Courts: Above-Guidelines Variance Upheld for Aggravated NFA Possession Involving Discharge and Protective-Order Violations Introduction In United States v....

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