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tennessee-supreme-court-affirms-defendant&amp Case Commentaries

Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit

Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit

Date: Nov 7, 2025
Motive, Not Mere Linkage: Territorial/Economic Threats Do Not Establish the Nexus for Asylum or Withholding in the Sixth Circuit Introduction In Elvia Romero Morales v. Bondi, No. 25-3195 (6th Cir....
Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases

Date: Nov 7, 2025
Taylor Does Not Reach § 2113 Attempted Bank Robbery; Vowell Controls Waiver Analysis Over Portis in § 2255 Cases Introduction In Melvin R. Hill v. United States, No. 23-3665 (6th Cir. Nov. 4, 2025)...
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims

Date: Nov 7, 2025
Sixth Circuit Clarifies Timeliness for Rule 60(b)(4) Motions and Confirms Bankruptcy Courts’ Final Authority over Barton-Aligned Trustee-Duty Claims Introduction In Michael Edward Tindall v. Samuel...
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a)

Date: Nov 7, 2025
Form AO 247 Is Enough: Sixth Circuit Reaffirms Minimal-Explanation Denials of Amendment 821 Motions When the Original Sentencing Record Addresses § 3553(a) Introduction In United States v. Gerald...
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass)

Date: Nov 7, 2025
Form AO 247 Is Sufficient: Sixth Circuit Upholds Denial of Amendment 821 Sentence Reduction Where Original Sentencing Reasons Demonstrate Ongoing Danger (United States v. Bass) Introduction In United...
“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2

“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2

Date: Nov 7, 2025
“Contents” Means “Any Property”: Sixth Circuit Holds Michigan’s Pre‑2013 Arson of a Dwelling or Its Contents Is Generic Arson and a “Crime of Violence” Under U.S.S.G. § 4B1.2 Case: United States v....
No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a)

No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a)

Date: Nov 7, 2025
No § 3E1.1 Reduction for Post‑Sentencing Remorse After Trial: Sixth Circuit Clarifies Acceptance‑of‑Responsibility Is Timely and Process‑Focused; Rehabilitation Belongs Under § 3553(a) Introduction...
Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial

Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial

Date: Nov 7, 2025
Unadopted CPSC Proposals and “Sight‑Unseen” Expert Opinions Are Out: Sixth Circuit Affirms Robust Rule 403/702 Gatekeeping and Harmless Rule 26 Violation in a Modified-ROV Products Trial Case:...
Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects

Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects

Date: Nov 7, 2025
Burke v. Pitts: Tenth Circuit Constrains “Blatant Contradiction” Review and Reaffirms Clearly Established Limits on No‑Warning Tasers and Deadly Force Against Unarmed Suspects Introduction In Burke...
Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect

Date: Nov 7, 2025
Tenth Circuit Bars Reliance on Bodycam/Dashcam Videos at Rule 12(b)(6) and Reaffirms Garner as Clearly Establishing the Unlawfulness of Shooting an Unarmed, Fleeing Suspect Introduction In Fuqua v....
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction

Date: Nov 7, 2025
Klingler v. Bridges: Tenth Circuit Reaffirms AEDPA “Double Deference” and Requires Proof of Indian Status to Defeat State Criminal Jurisdiction Introduction This commentary analyzes the Tenth...
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening

Date: Nov 7, 2025
No Policy from a Single Incident: Tenth Circuit Clarifies Plausibility Pleading for Title VII Disparate-Impact Claims Based on Criminal-Record Screening Introduction In Lawrence v. Nightingale...
No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis

No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis

Date: Nov 7, 2025
No Presumption Against Upward Variances: Tenth Circuit Affirms Use of Uncharged Domestic-Violence Conduct in § 3553(a) Analysis Case: United States v. Bright, No. 24-6238 (10th Cir. Nov. 4, 2025)...
United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by Record‑Based Justification in ACA Sentences

United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by Record‑Based Justification in ACA Sentences

Date: Nov 7, 2025
United States v. Johnson: No Plain Error in Admitting Law‑Enforcement Incident Reports via Rule 803(6); Specific Theories Required to Preserve 404(b)/403 Objections; § 3553(a)(6) Satisfied by...
United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112

United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112

Date: Nov 7, 2025
United States v. Sockey: Tenth Circuit Adopts the “Words Alone” Limitation on Heat-of-Passion Manslaughter Under 18 U.S.C. §§ 1111–1112 Introduction In United States v. Sockey (10th Cir. Nov. 4,...
Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts: French v. Twentieth Judicial District Court (Mont. 2025)

Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts: French v. Twentieth Judicial District Court (Mont. 2025)

Date: Nov 7, 2025
Right to Peremptory Substitution of District Judge in De Novo Appeals from Non-Record Justice Courts Commentary on French v. Twentieth Judicial District Court, 2025 MT 254 (OP 25-0642) Introduction...
Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation

Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation

Date: Nov 7, 2025
Sham Latent‑Print Verification as Fabrication: Eleventh Circuit Denies Qualified Immunity to Forensic Examiner, Rejects a Clearly Established Right to an “Exhaustive” Investigation Introduction This...
Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025)

Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025)

Date: Nov 7, 2025
Laches Bars Belated Rule 41(g) Claims to Cryptocurrency Keys on Destroyed Devices: United States v. Prime (11th Cir. 2025) Introduction In United States v. Prime, the Eleventh Circuit confronted a...
Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 in Shen v. Commissioner

Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 in Shen v. Commissioner

Date: Nov 7, 2025
Reviving Terrace and Rational-Basis Review for Alienage-Based Real-Property Rules: Eleventh Circuit Narrows Challenges to Florida’s SB 264 Introduction In Shen v. Commissioner, Florida Department of...
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025)

Date: Nov 7, 2025
Double Deference Shields Strategic Withholding of Psychiatric Testimony under AEDPA: Martinez v. Salisbury (1st Cir. 2025) Introduction In Martinez v. Salisbury, the First Circuit affirmed the denial...
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