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

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld

Date: Sep 26, 2025

Eleventh Circuit Reaffirms MDLEA Jurisdiction in Foreign EEZs and “Non‑Affirmation” Statelessness; Confirms No Nexus Requirement; Courier Minor‑Role Denial Upheld Commentary on United States v....

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello

Date: Sep 26, 2025

EEZs Are “High Seas,” Nationality Equals Registry Under the MDLEA, and No Nexus Is Required: Eleventh Circuit’s Summary Affirmance in United States v. Puello Introduction This commentary analyzes the...

Erlinger’s Admission Exception in Practice: Eleventh Circuit Holds Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements (United States v. Scott)

Date: Sep 26, 2025

Erlinger’s Admission Exception in Practice: Plea Admissions to “Separate Occasions” Sustain ACCA and § 841 Enhancements Case: United States v. Hiawatha Laquinta Scott, III, No. 24-11045 (11th Cir....

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests (Watkins v. Davis)

Date: Sep 26, 2025

“Touching the Vehicle Touches the Person”: The Eleventh Circuit Holds That Shooting and Striking a Car Seizes Its Driver, and Treats Gunfire-Initiated Stops as Arrests Introduction In a published...

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses

Date: Sep 26, 2025

Allocation, Not Priority: Sixth Circuit Limits Insurers’ Post-Verdict Challenges and Adopts Leasehold-Value Allocation for Joint “As Interests May Appear” Loss-Payable Clauses Introduction This...

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment

Date: Sep 26, 2025

“Because of” in § 245(b)(2)(B) Means But‑For Causation; Racially Motivated Road Violence Is a Badge of Slavery Congress May Prohibit Under the Thirteenth Amendment Introduction In United States v....

No Bond Coverage for Financing Disguised as Sale–Leaseback; Surety May Invoke Parol Evidence as a “Stranger”; Prevailing Defendants Can Recover § 936 Fees Based on Suit’s Gravamen

Date: Sep 26, 2025

No Bond Coverage for Financing Disguised as Sale–Leaseback; Surety May Invoke Parol Evidence as a “Stranger”; Prevailing Defendants Can Recover § 936 Fees Based on Suit’s Gravamen Introduction In...

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment

Date: Sep 26, 2025

Sixth Circuit Clarifies Racial Harassment: “Monkey” and “Monkey Ass” Are Race-Specific Slurs; Comparator Race May Be Proven by Perception; Workload Disparities May Support a Hostile Work Environment...

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits

Date: Sep 26, 2025

Speculative “Diversion of Resources” Is Not Enough: Sixth Circuit Reaffirms “Certainly Impending” Injury Requirement for Organizational Standing in NVRA Injunction Suits Introduction In RNC v....

Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct

Date: Sep 25, 2025

Contract, Not Takings: Fifth Circuit Holds Municipal Refusal to Extend a Development Agreement Is Commercial (Non‑Sovereign) Conduct Introduction In Mesquite Asset Recovery Group, L.L.C. v. City of...

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction

Date: Sep 25, 2025

Law-of-the-Case Bars Codefendants’ Relitigation in Successive Appeals; Managerial Control and Proceeds Suffice to Uphold § 846 Marijuana Conspiracy Conviction Introduction In United States v. Weng,...

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests

Date: Sep 25, 2025

Noncompliance with R.C. 2969.25(C) Is Not an Affirmative Defense; Institutional‑Cashier Certification of Inmate Account Statements Is Mandatory for Fee-Waiver Requests Introduction This commentary...

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing

Date: Sep 25, 2025

No Safe Harbor in Post-Default Litigation: First Department Holds General Litigation Activity Does Not Satisfy CPLR 3215(c) Absent an Explicit “Sufficient Cause” Showing Introduction In 938 St....

Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations: Stenson v. Stenson (2025 WY 102)

Date: Sep 25, 2025

Wyoming Supreme Court Bars Double Counting of Pass‑Through Business Income in Child Support Calculations Case: Matthew R. Stenson v. Nikole M. Stenson, 2025 WY 102 (Wyo. Sept. 23, 2025) Court:...

Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law

Date: Sep 25, 2025

Clarifying Brady’s “Reasonable Probability” Standard and the Use of Supervisory Control to Prevent a Second Trial Under a Mistake of Law Introduction This supervisory-control proceeding arises from a...

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision

Date: Sep 25, 2025

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision Case: In re the Parenting of J.E.B. & B.L.B., 2025 MT 216N (Mont....

State v. Post: Montana Supreme Court Requires On-the-Record Ability-to-Pay Findings for Criminal Fines and Surcharges; Oral Pronouncement Controls Over Written Judgment

Date: Sep 25, 2025

State v. Post: Mandatory Ability-to-Pay Findings for Fines, Fees, and Surcharges; Oral Sentence Controls Introduction In State v. Post, 2025 MT 215 (Mont. Sept. 23, 2025), the Montana Supreme Court...

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e)

Date: Sep 25, 2025

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1)

Date: Sep 25, 2025

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights

Date: Sep 25, 2025

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...

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