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  • Commentaries
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federal Case Commentaries

Known Self-Defense Facts Must Be Disclosed in Probable-Cause Affidavits, But Qualified Immunity Applies Absent Clearly Established Law

Known Self-Defense Facts Must Be Disclosed in Probable-Cause Affidavits, But Qualified Immunity Applies Absent Clearly Established Law

Date: May 1, 2026
Known Self-Defense Facts Must Be Disclosed in Probable-Cause Affidavits, But Qualified Immunity Applies Absent Clearly Established Law Introduction In Corey Kendig v. Nicholas Stolar, the Third...
Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit

Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit

Date: May 1, 2026
Section 1983 Malicious Prosecution Requires Pleading Invalid Legal Process, Not Merely a Faulty Police Affidavit Introduction In Blair Clark v. David Bell, the Eleventh Circuit affirmed the dismissal...
Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing

Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing

Date: May 1, 2026
Donor-Disclosure Subpoenas Create Present First Amendment Injury for Article III Standing Case: First Choice Women's Resource Centers, Inc. v. Davenport Court: U.S. Supreme Court | Date: April 29,...
Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery

Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery

Date: May 1, 2026
United States v. Milton Allen: Mandatory “Who/When/What” Inventory Policies Can Establish Inevitable Discovery Introduction In United States v. Milton Allen, the Fourth Circuit reversed a district...
Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal

Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal

Date: Apr 30, 2026
Corroborated Witness-Intimidation Reports Can Support a Terry Stop and Arrest Warrant Despite Later Dismissal Introduction In James Brown, III v. Leon Lott, the Fourth Circuit affirmed summary...
No Cognizable PSG for Americanized or Wealth-Perceived Guatemalan Returnees; CAT Relocation Is a Factor, Not a Burden

No Cognizable PSG for Americanized or Wealth-Perceived Guatemalan Returnees; CAT Relocation Is a Factor, Not a Burden

Date: Apr 30, 2026
No Cognizable PSG for Americanized or Wealth-Perceived Guatemalan Returnees; CAT Relocation Is a Factor, Not a Burden Introduction In Osman Cordon-Osario v. Attorney General United States of America,...
PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims

PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims

Date: Apr 30, 2026
PLRA Screening Requires Tolling and Futility Analysis Before Dismissing Pro Se Prisoner § 1983 Claims Introduction In Shores v. Williams, the Tenth Circuit reviewed the dismissal of a pro se...
Failure to Notify the Immigration Court Can Defeat “Exceptional Circumstances” for Reopening an In Absentia Removal Order

Failure to Notify the Immigration Court Can Defeat “Exceptional Circumstances” for Reopening an In Absentia Removal Order

Date: Apr 30, 2026
Failure to Notify the Immigration Court Can Defeat “Exceptional Circumstances” for Reopening an In Absentia Removal Order Introduction In Souleymane Nimaga v. Todd W. Blanche, the Seventh Circuit...
Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires

Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires

Date: Apr 30, 2026
Clerk-Signed Warrants Preserve § 3583(i) Revocation Jurisdiction When Issued Before Supervised Release Expires Introduction In United States v. Laphonse Young, the Eleventh Circuit affirmed the...
Flooding Takings Claims Require Foreseeable Government-Caused Invasion and a Government Possessory Interest in the Drain Easement

Flooding Takings Claims Require Foreseeable Government-Caused Invasion and a Government Possessory Interest in the Drain Easement

Date: Apr 30, 2026
Flooding Takings Claims Require Foreseeable Government-Caused Invasion and a Government Possessory Interest in the Drain Easement Case: Willienard Banks v. Charter Twp. of Bloomfield, Mich. (6th Cir....
Odor of Burnt Marijuana Justifies Prolonged Detention and Automobile-Exception Search; Credibility Findings Control Suppression Review

Odor of Burnt Marijuana Justifies Prolonged Detention and Automobile-Exception Search; Credibility Findings Control Suppression Review

Date: Apr 30, 2026
Odor of Burnt Marijuana Justifies Prolonged Detention and Automobile-Exception Search; Credibility Findings Control Suppression Review 1. Introduction In United States v. Antoine Gaither (6th Cir....
No Bivens Extension for Post–Sentence-Reduction Overdetention; FTCA Six-Month Filing Deadline Strictly Enforced

No Bivens Extension for Post–Sentence-Reduction Overdetention; FTCA Six-Month Filing Deadline Strictly Enforced

Date: Apr 29, 2026
No Bivens Extension for Post–Sentence-Reduction Overdetention; FTCA Six-Month Filing Deadline Strictly Enforced Introduction In Charles Crenshaw v. Warden, Lorain Corr. Inst. (6th Cir. Apr. 28, 2026)...
Post-Judgment Amendment Requires Reopening Under Rule 59(e)/60(b) Before Rule 15 Leave; Rule 8 Deficiencies Can Warrant Dismissal Without Sua Sponte Leave

Post-Judgment Amendment Requires Reopening Under Rule 59(e)/60(b) Before Rule 15 Leave; Rule 8 Deficiencies Can Warrant Dismissal Without Sua Sponte Leave

Date: Apr 29, 2026
Post-Judgment Amendment Requires Reopening Under Rule 59(e)/60(b) Before Rule 15 Leave; Rule 8 Deficiencies Can Warrant Dismissal Without Sua Sponte Leave 1. Introduction Reeves v. Seibert (10th Cir....
Negative X-Rays Cannot Rebut Legal Pneumoconiosis Under the Fifteen-Year Presumption, and Issues Not Raised to the Benefits Review Board Are Forfeited

Negative X-Rays Cannot Rebut Legal Pneumoconiosis Under the Fifteen-Year Presumption, and Issues Not Raised to the Benefits Review Board Are Forfeited

Date: Apr 29, 2026
Negative X-Rays Cannot Rebut Legal Pneumoconiosis Under the Fifteen-Year Presumption, and Issues Not Raised to the Benefits Review Board Are Forfeited 1. Introduction Sequoia Energy, LLC v. Amy...
Fifth Circuit Reaffirms “Realistic Probability” Actual-Case Requirement for Facially Overbroad State Drug Statutes (and Enforces Oral Pronouncement Control Over Discretionary Supervised-Release Conditions)

Fifth Circuit Reaffirms “Realistic Probability” Actual-Case Requirement for Facially Overbroad State Drug Statutes (and Enforces Oral Pronouncement Control Over Discretionary Supervised-Release Conditions)

Date: Apr 29, 2026
Fifth Circuit Reaffirms “Realistic Probability” Actual-Case Requirement for Facially Overbroad State Drug Statutes (and Enforces Oral Pronouncement Control Over Discretionary Supervised-Release...
Short-Term Rental Zoning Upheld: No Third-Party Standing for Guests and Strong Deference to Municipal Land-Use Regulation

Short-Term Rental Zoning Upheld: No Third-Party Standing for Guests and Strong Deference to Municipal Land-Use Regulation

Date: Apr 29, 2026
Short-Term Rental Zoning Upheld: No Third-Party Standing for Guests and Strong Deference to Municipal Land-Use Regulation 1. Introduction In Tom Hutto v. City of Rock Hill (4th Cir. Apr. 27, 2026)...
Navarro v. U.S. Center for SafeSport: No Exhaustion for Constitutional Challenges Beyond SafeSport Arbitration’s Scope

Navarro v. U.S. Center for SafeSport: No Exhaustion for Constitutional Challenges Beyond SafeSport Arbitration’s Scope

Date: Apr 29, 2026
Navarro v. U.S. Center for SafeSport: No Exhaustion for Constitutional Challenges Beyond SafeSport Arbitration’s Scope 1. Introduction Thomas Navarro, James Giorgio, and Nina Shaffer (three...
No Entitlement to a “Rehabilitation Opportunity” in First-Time CSAM Cases; District Courts May Prioritize Protection and Deterrence Over Treatment Under § 3553(a)

No Entitlement to a “Rehabilitation Opportunity” in First-Time CSAM Cases; District Courts May Prioritize Protection and Deterrence Over Treatment Under § 3553(a)

Date: Apr 29, 2026
No Entitlement to a “Rehabilitation Opportunity” in First-Time CSAM Cases; District Courts May Prioritize Protection and Deterrence Over Treatment Under § 3553(a) I. Introduction United States v....
United States v. Vigil-Benitez: Express Acceptance of Jury Instructions Invites Error and “Mere Presence” Need Not Be Separately Charged When Covered by Aiding-and-Abetting Instructions (VICAR Murder)

United States v. Vigil-Benitez: Express Acceptance of Jury Instructions Invites Error and “Mere Presence” Need Not Be Separately Charged When Covered by Aiding-and-Abetting Instructions (VICAR Murder)

Date: Apr 29, 2026
Express Acceptance of Jury Instructions Invites Error; “Mere Presence” Need Not Be Separately Charged When Substantially Covered by Aiding-and-Abetting Instructions in a VICAR Murder Case 1....
Presumption of Receipt of a Properly Mailed Hearing Notice Bars Late In Absentia Rescission; Defective NTA Objections Are Forfeited if Not Timely; “Changed Country Conditions” Reopening Requires a Then-vs-Now Comparison

Presumption of Receipt of a Properly Mailed Hearing Notice Bars Late In Absentia Rescission; Defective NTA Objections Are Forfeited if Not Timely; “Changed Country Conditions” Reopening Requires a Then-vs-Now Comparison

Date: Apr 29, 2026
Presumption of Receipt of a Properly Mailed Hearing Notice Bars Late In Absentia Rescission; Defective NTA Objections Are Forfeited if Not Timely; “Changed Country Conditions” Reopening Requires a...
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