3d Circuit Case Commentaries

Rehaif Claims Are Not “Novel” Cause for Procedural Default When Their Legal Basis Was Previously Available

Date: May 1, 2026

Rehaif Claims Are Not “Novel” Cause for Procedural Default When Their Legal Basis Was Previously Available Introduction In United States v. Aaron Lyons, the Third Circuit addressed whether a federal...

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...

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,...

Appellate Cure of Defective Diversity Jurisdiction by Dropping a Dispensable Nondiverse Party Under Rule 21

Date: Apr 27, 2026

Appellate Cure of Defective Diversity Jurisdiction by Dropping a Dispensable Nondiverse Party Under Rule 21 Introduction In Randall Winslow v. Extra Space Storage, No. 25-2249 (3d Cir. Apr. 24, 2026)...

Undisputed PSR Adoption at Resentencing Defeats Plain-Error Attacks on Guidelines Factfinding and Criminal History

Date: Apr 26, 2026

Undisputed PSR Adoption at Resentencing Defeats Plain-Error Attacks on Guidelines Factfinding and Criminal History Introduction In United States v. Mychael Saunders (3d Cir. Apr. 23, 2026) (not...

Objective Reasonableness Turns on the Officer’s Reasonable Perception of a Deadly Threat, Even if Weapon Possession Is Disputed

Date: Apr 26, 2026

Objective Reasonableness Turns on the Officer’s Reasonable Perception of a Deadly Threat, Even if Weapon Possession Is Disputed Introduction In Estate of Justin Paul Smith v. City of Philadelphia (3d...

Standing Splits by Remedy: Parents Have Damages Standing as “Objects” of a School Gender-Identity Policy, but Prospective Standing Requires More Than “Considering” Re-Enrollment

Date: Apr 26, 2026

Standing Splits by Remedy: Parents Have Damages Standing as “Objects” of a School Gender-Identity Policy, but Prospective Standing Requires More Than “Considering” Re-Enrollment Introduction In Jane...

Compassionate Release: A Negotiated Life Sentence That Avoided the Death Penalty Is Not “Unusually Long” Under USSG § 1B1.13(b)(6)

Date: Apr 26, 2026

Compassionate Release: A Negotiated Life Sentence That Avoided the Death Penalty Is Not “Unusually Long” Under USSG § 1B1.13(b)(6) 1. Introduction In United States v. Julio Otero (3d Cir. Apr. 23,...

Prior Admissions Defeat Ineffective-Assistance Tolling and Make Alleged Termination-Authority Errors Harmless

Date: Apr 24, 2026

Prior Admissions Defeat Ineffective-Assistance Tolling and Make Alleged Termination-Authority Errors Harmless 1. Introduction In Gulabbhai Mistry v. Attorney General United States of America (3d Cir....

Third Circuit Limits § 1983 Punitive Damages Under Due Process and Reaffirms Probable-Cause Deference Despite Alleged Investigative Lapses

Date: Apr 24, 2026

Third Circuit Limits § 1983 Punitive Damages Under Due Process and Reaffirms Probable-Cause Deference Despite Alleged Investigative Lapses I. Introduction In Tzvia Wexler v. Charmaine Hawkins (3d...

United States v. Chapman: Marijuana Odor (and “Weed” Admission) Still Supplies Probable Cause; Independent Source Preserves Apartment Warrant

Date: Apr 24, 2026

United States v. Chapman: Marijuana Odor (and “Weed” Admission) Still Supplies Probable Cause; Independent Source Preserves Apartment Warrant Introduction In United States v. Randale Chapman (3d Cir....

Wexler: Probable Cause Based on Officer Accounts Bars § 1983 Arrest/Prosecution Claims Absent Plainly Exculpatory Evidence; Punitive Damages Must Track Due-Process Ratios (3:1 Here)

Date: Apr 24, 2026

Wexler: Probable Cause Based on Officer Accounts Bars § 1983 Arrest/Prosecution Claims Absent Plainly Exculpatory Evidence; Punitive Damages Must Track Due-Process Ratios (3:1 Here) I. Introduction...

Wexler v. Hawkins: Probable-Cause Shield Despite Investigative Lapses; § 1983 Punitive Damages Capped to a Modest Multiple Absent “Special Justification”

Date: Apr 24, 2026

Wexler v. Hawkins: Probable-Cause Shield Despite Investigative Lapses; § 1983 Punitive Damages Capped to a Modest Multiple Absent “Special Justification” I. Introduction In Tzvia Wexler v. Charmaine...

Marijuana Odor Plus “Weed” Admission Still Establishes Probable Cause Under Federal/Conditional State Illegality; Independent Source Saves Warrant After Pre-Warrant Look

Date: Apr 24, 2026

Marijuana Odor Plus “Weed” Admission Still Establishes Probable Cause Under Federal/Conditional State Illegality; Independent Source Saves Warrant After Pre-Warrant Look 1. Introduction In United...

Odor-of-Marijuana Probable Cause Persists Under Federal Illegality; Independent Source Saves Warranted Search Despite Pre-Warrant Look — United States v. Chapman (3d Cir. 2026)

Date: Apr 24, 2026

Odor-of-Marijuana Probable Cause Persists Under Federal Illegality; Independent Source Saves Warranted Search Despite Pre-Warrant Look — United States v. Chapman (3d Cir. 2026) 1. Introduction In...

Pro Se Bar in Federal Wrongful-Death Litigation: A Non-Lawyer Spouse/Personal Representative Cannot Litigate When Other Statutory Beneficiaries May Share the Claim

Date: Apr 24, 2026

Pro Se Bar in Federal Wrongful-Death Litigation: A Non-Lawyer Spouse/Personal Representative Cannot Litigate When Other Statutory Beneficiaries May Share the Claim Introduction In Jelena Todorovic...

Continuing-Violation Tolling Requires Post-Accrual “Affirmative Acts,” and Prosecutors Remain Absolutely Immune for Advocacy-Phase Conduct in § 1983 Malicious-Prosecution Suits

Date: Apr 24, 2026

Continuing-Violation Tolling Requires Post-Accrual “Affirmative Acts,” and Prosecutors Remain Absolutely Immune for Advocacy-Phase Conduct in § 1983 Malicious-Prosecution Suits 1. Introduction In...

Heck Does Not Bar § 1983 Damages for Unreasonable Pre-Revocation Detention Absent a Revocation Decision

Date: Apr 24, 2026

Heck Does Not Bar § 1983 Damages for Unreasonable Pre-Revocation Detention Absent a Revocation Decision Introduction In Terrell Taylor v. Joshua Pipik (3d Cir. Apr. 21, 2026) (nonprecedential),...

United States v. Daniels: Broad SORNA-Evidence Digital Searches and Long-Term, Suspicionless Probation Device Monitoring Sustained on Plain-Error Review

Date: Apr 24, 2026

United States v. Daniels: Broad SORNA-Evidence Digital Searches and Long-Term, Suspicionless Probation Device Monitoring Sustained on Plain-Error Review Introduction In United States v. Christopher...

Private Hospital Participation in MHPA Commitments Does Not Create Title II “Public Entity” Status; Due Process Requires a State-Actor Deprivation

Date: Apr 23, 2026

Private Hospital Participation in MHPA Commitments Does Not Create Title II “Public Entity” Status; Due Process Requires a State-Actor Deprivation Case: Susan Kerr v. County of Allegheny Court: Court...