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tenth-circuit-upholds-stringent-& Case Commentaries

Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Date: Jul 5, 2025
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Marzell Anderson, III Introduction The Sixth Circuit’s unpublished opinion in...
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Date: Jul 5, 2025
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA 1. Introduction Crick v. Rogers, No. 24-6190 (10th Cir. July 3, 2025), is...
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed:  Carter v. Cook County Sheriff

“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff

Date: Jul 5, 2025
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff, Seventh Circuit (2025) 1. Introduction Alexander Carter and eight co-plaintiffs, all former detainees...
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Date: Jul 5, 2025
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump Introduction On 3 July 2025, the United States Court of Appeals for the...
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

Date: Jul 5, 2025
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims 1. Introduction The First Circuit’s decision in United...
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies – Commentary on DHS v. D.V.D., 606 U.S. ___ (2025)

Date: Jul 5, 2025
“Stay-Power Supremacy”: The Supreme Court Holds that a Stay of an Injunction Extinguishes All Contempt-Based Remedies Commentary on Department of Homeland Security v. D.V.D., 606 U.S. ___ (2025)...
Express-Authorization Doctrine for Cosmetic Surgery:  Anderson v. Department of Commerce (2025 UT 19)

Express-Authorization Doctrine for Cosmetic Surgery: Anderson v. Department of Commerce (2025 UT 19)

Date: Jul 5, 2025
“Express-Authorization Doctrine” for Ablative Cosmetic Medical Procedures A Commentary on Anderson v. Utah Department of Commerce, 2025 UT 19 1. Introduction Anderson v. Department of Commerce...
Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting –
         Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority

Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting – Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority

Date: Jul 5, 2025
Johnson v. Village of Polk (319 Neb. 352): Co-Equal Permitting – Municipal Wellhead Protection Ordinances Coexist with NRD Well-Drilling Authority Introduction The Nebraska Supreme Court’s decision...
Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays

Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays

Date: Jul 5, 2025
Brooks “Good-Cause” Exclusion: Clarifying Nebraska’s Speedy-Trial Clock for Pre-Hearing Discovery Delays 1. Introduction In State v. Brooks, 319 Neb. 377 (2025), the Nebraska Supreme Court confronted...
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals

Date: Jul 4, 2025
United States v. Sanchez-LaPorte: Reaffirming the Enforceability of Appeal Waivers in Anders Appeals Introduction United States v. Pedro Sanchez-LaPorte (3d Cir. July 2, 2025) is an unpublished...
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541

Date: Jul 4, 2025
No Express Pre-emption: Fifth Circuit Clarifies the Reach of 7 U.S.C. § 1926(b) vis-à-vis Texas Water Code § 13.2541 I. Introduction Crystal Clear Special Utility District (Crystal Clear) sought to...
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark

Date: Jul 4, 2025
Reed v. Marshall: Fifth Circuit Forecloses Lanham Act Suits Between Co-Owners of a Trademark 1. Introduction Reed v. Marshall, No. 24-20198 (5th Cir. July 2 2025) resolves a modern twist on an old...
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Commentary on Somes v. Rural Media Group, Inc.

Date: Jul 4, 2025
Actual-Notice Requirement for Attorney Sanctions under Rule 83(b): Somes v. Rural Media Group, Inc. Introduction In Somes v. Rural Media Group, Inc., the United States Court of Appeals for the Fifth...
United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms § 780-113(a)(30) as a Predicate “Controlled Substance Offense”

United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms § 780-113(a)(30) as a Predicate “Controlled Substance Offense”

Date: Jul 4, 2025
United States v. Suncar – “Attempted Transfer” Is a Completed Distribution: The Fourth Circuit Confirms Pennsylvania § 780-113(a)(30) as a Predicate “Controlled Substance Offense” 1. Introduction...
Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions

Date: Jul 4, 2025
Washington v. State: Temporal-Proximity Sufficiency & the Narrow Scope of Corpus Delicti in Delaware Concealed-Firearm Prosecutions Introduction On 2 July 2025 the Supreme Court of Delaware affirmed...
“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35

Date: Jul 4, 2025
“More-Than-Enough” Predicate Felonies: Fulton v. State and the Narrow Path to Extraordinary Circumstances under Delaware Rule 35 Introduction Fulton v. State, No. 123, 2025, decided by the Supreme...
Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering

Date: Jul 4, 2025
Statutory Cross-Reference Prevails: How Rembert v. State Clarifies the Violent-Felony Predicate Rule After Subsection Renumbering 1. Introduction The Delaware Supreme Court’s decision in Rembert v....
“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State

Date: Jul 4, 2025
“Affirmative Acceptance Equals Waiver” – Delaware Supreme Court Clarifies Counsel-Induced Waiver and Remedies for Discovery Violations in Dillard v. State Introduction In Dillard v. State (Del. Supr....
Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025)

Date: Jul 4, 2025
Delaware Supreme Court Clarifies the “Closed-Mind” Standard in Sentencing: Moral Condemnation Does Not Equal Judicial Bias – Commentary on Gingerich v. State (2025) Introduction Gingerich v. State,...

    When Silence Is Not Enough: Delaware Supreme Court Narrows the
    “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities
    Cases – Saunders v. Lightwave Logic, Inc. (2025)

When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025)

Date: Jul 4, 2025
When Silence Is Not Enough: Delaware Supreme Court Narrows the “Inherently Unknowable Injury” Tolling Doctrine in Escheated-Securities Cases – Saunders v. Lightwave Logic, Inc. (2025) Introduction...
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