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Appellate Review Requires a Discernible Ruling on Contested Treating-Physician Testimony

Date: Oct 16, 2026

Appellate Review Requires a Discernible Ruling on Contested Treating-Physician Testimony Case: Melanie Thrash v. KLLM Transport Services LLC Court: United States Court of Appeals for the Eleventh...

Federal-Officer Removal: Mandatory Jurisdictional Review and the Limits of Ordinary Government Contracts

Date: Oct 16, 2026

Federal-Officer Removal: Mandatory Jurisdictional Review and the Limits of Ordinary Government Contracts Court: United States Court of Appeals for the Eleventh Circuit Case: Florida Department of...

First Step Act Credits: Attempted Child Sex Trafficking Exclusion Survives Due-Process and Equal-Protection Challenges

Date: Oct 16, 2026

First Step Act Credits: Attempted Child Sex Trafficking Exclusion Survives Due-Process and Equal-Protection Challenges Case: Carlos Figueroa-Gibson v. Warden Court: United States Court of Appeals for...

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk

Date: Oct 16, 2026

Eighth Amendment Prison Claims Require Specific Deprivations, Causal Connections, and Knowledge of Serious Risk Case: Christopher DeWayne Bonner v. Timothy Ward, No. 24-13016 Court: United States...

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record

Date: Oct 16, 2026

Family-Based Asylum Nexus on Reopening Requires Consideration of New Evidence in the Context of the Entire Record Jenyfer Fajardo-Rivas v. Todd Blanche United States Court of Appeals for the Fourth...

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement

Date: Oct 16, 2026

Prison-Official Assaults: Substantial Injury Risk, Not Actual Injury, Governs the Official-Victim Enhancement Case: United States v. Nazeer Vick Court: United States Court of Appeals for the Fourth...

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability

Date: Oct 16, 2026

Ineffective-Assistance Appeals: Speculation About Undisclosed Evidence Does Not Justify a Certificate of Appealability Case: Gonzales v. United States, No. 26-2078 Court: United States Court of...

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial

Date: Oct 16, 2026

Pro Se Appeals Require Record Support: Appellate Deference and the Limits of Relief After a Bench Trial Case: Johnson v. Tramm, No. 25-8028 Court: United States Court of Appeals for the Tenth Circuit...

Lewis v. United States: Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years

Date: Oct 16, 2026

Colorado’s Undiscoverable-Injury Exception Does Not Require Discovery After Three Years Case: Lewis v. United States, No. 25-1036 Court: United States Court of Appeals for the Tenth Circuit Decision...

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief

Date: Oct 16, 2026

SEC Preliminary Injunctions Require the Winter Test and Heightened Scrutiny for Status-Quo-Altering Relief Case: USSEC v. Reven Holdings Court: United States Court of Appeals for the Tenth Circuit...

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction

Date: Oct 16, 2026

Erlinger Announces a New Rule: Limits on Retroactive ACCA Challenges After Final Conviction Case: United States v. Griego, No. 25-2085 Court: United States Court of Appeals for the Tenth Circuit...

Indian Status as an Affirmative Defense: Defendants Bear Both Burdens Under the General Crimes Act

Date: Oct 16, 2026

Indian Status as an Affirmative Defense: Defendants Bear Production and Persuasion Burdens Under the General Crimes Act Case: United States v. Hebert, consolidated with United States v. Ruiz Court:...

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian

Date: Oct 16, 2026

Indian Status Under § 1152: Defendants Must Prove the Affirmative Defense When the Victim Is Indian Case: United States v. Ruiz, considered en banc with United States v. Hebert Court: United States...

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny

Date: Oct 16, 2026

Viewpoint-Discriminatory Purpose Must Be Proven: Kansas’s Prefilled-Application Ban Survives Intermediate Scrutiny Case: VoteAmerica v. Schwab, No. 25-3138 Court: United States Court of Appeals for...

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation

Date: Oct 16, 2026

Distracted Police Driving Alone Does Not Establish a Substantive Due-Process Violation Commentary on Estate of Ceaser Stinson v. Joel Streicher United States Court of Appeals for the Seventh Circuit,...

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Three-Step Batson Remand Can Permit Previously Withheld Strike Explanations Case: United States v. Andre Neal-Ford, presented in the opinion as consolidated proceedings involving United States v....

A Full Batson Remand May Permit Previously Withheld Strike Explanations

Date: Oct 16, 2026

A Full Batson Remand May Permit Previously Withheld Strike Explanations Court: United States Court of Appeals for the Seventh Circuit Decision date: October 14, 2026 Disposition: Affirmed, with Judge...

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection

Date: Oct 16, 2026

A Three-Step Batson Remand May Permit Previously Withheld Strike Explanations After an Initial Step-One Rejection Court: United States Court of Appeals for the Seventh Circuit Decided: October 14,...

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate

Date: Oct 16, 2026

Batson Remands: Previously Withheld Strike Explanations May Be Considered Under a Full Three-Step Mandate Court: United States Court of Appeals for the Seventh Circuit Decided: October 14, 2026...

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review

Date: Oct 16, 2026

A Full Batson Remand Permits Previously Withheld Strike Explanations, Subject to Credibility Review Court: United States Court of Appeals for the Seventh Circuit Decision: October 14, 2026 Opinion:...