Incomplete Appellate Transcript in Vermont Bench-Trial Appeals Presumes Trial Findings and Waives Fact-Based Challenges Case: Jessica Floyd v. Michelle LeBlanc (Vt. Sup. Ct., July 10, 2026) — Entry...
Aggravated Stalking with a Deadly Weapon Is Not a “Felony Involving an Act of Violence” for § 7553a Hold-Without-Bail Introduction In State v. Mark Sterling (Vt. July 10, 2026), the Vermont Supreme...
Rule 75 Prison-Discipline Review: Strict Issue Preservation to the Superintendent and Deferential “Some Evidence” Sufficiency Introduction In Jason Eaton v. Nicholas Deml and Amy Jacobs (Vt. Sup. Ct....
Extension of Vermont Anti-Stalking Orders Turns on Protective Necessity—Not New Stalking—and Pro Se Filings Risk Rule 11 Sanctions for Fake Authority 1. Introduction In Cheryl O'Donnell v. Hope...
Termination at Initial Disposition: Recent Sobriety and Housing Gains Do Not Defeat TPR Absent a Child-Timed Path to Resuming Parenting Introduction Case: In re L.H., Juvenile (K.M., Mother*) (Vt....
Clarification (Not Modification) of Summer Parent-Child Contact: “Separate Weeks” May Be Added to Alternating Weekends Without Changed Circumstances Patrick McElroy v. Mandi Theberge, Vermont Supreme...
Pretext and But-For Causation Standards for Tenure Denials and Independent Research-Misconduct Proceedings I. Introduction In Farid v. Trustees of Dartmouth College (1st Cir. July 13, 2026), Amro...
Circumstantial-Evidence Sufficiency and Plain-Error Limits on Sua Sponte Acquittal in Vermont Larceny Cases Introduction State v. Terrell Jackson (Vt. Sup. Ct., July 10, 2026) is an entry order...
Equitable Denial of Contractual/Statutory Attorney’s Fees in Eviction Cases Where Landlord Habitability Failures and a Mixed Result Make Fee-Shifting Unwarranted Introduction In CMRT Holdings, LLC v....
Waiver of Factual Challenges for Missing Transcripts in Vermont Anti‑Stalking Appeals (and Appellate Counsel’s Duty of Accurate Authority) Case: Jessica Cover v. Susan Tyrell / Jessica Cover v....
Welch v. Rivers: Pleading Actual Injury and More Than Isolated Interference to State a Prison-Mail § 1983 Claim Introduction In Richard Welch, Jr. v. Austin Rivers (Vt. Sup. Ct. July 10, 2026) (Entry...
Exhaustion After a Pavey Hearing: Credible Grievance-Log Evidence Establishes “Available” Remedies; Perttu Jury Right Limited to Merits-Intertwined Disputes 1. Introduction In Jason Whitfield v....
Ohio Prosecutors May Seek Discretionary Appellate Review of Post-Verdict Crim.R. 29 Acquittals (Overruling State ex rel. Yates) I. Introduction In State v. King, Slip Opinion No. 2026-Ohio-2656 (July...
Quo Warranto Standing in Ohio: Only the State (AG/Prosecutor) or a Claimant to the Office May Seek Ouster Case: State ex rel. Esrati v. Foley Citation: 2026-Ohio-2646 Court: Supreme Court of Ohio...
Independent-Source Admission of a Firearm After an Invalid Arrest Warrant: Probable Cause Survives When Tainted Facts Are Excised and Gun-to-Residence Nexus Is Inferred Despite Time 1. Introduction...
Qualified Immunity in Jail Overdose Cases Absent Clearly Established Notice of Medical Emergency Case: Jessie Cantrell v. Scioto Cnty. Bd. of Comm'rs (Officer Christopher Boggs, Defendant-Appellant)...
Sixth Circuit Narrows “Participation” Retaliation Protection to Direct Involvement in Title VII/ADA Proceedings Case: Amy DiChiara v. Summit Medical Group, Inc. (6th Cir. July 13, 2026) (recommended...
21 U.S.C. § 844(c) Requires the Categorical Approach—But Unsettled Circuit Law Defeats Plain-Error Relief I. Introduction In United States v. Arnett (10th Cir. July 14, 2026), the Tenth Circuit...
Congestion-Pricing Entry Tolls Are Reviewed as Reasonable User Fees (Not Strict-Scrutiny Burdens on Travel) and Survive Rational-Basis Review 1. Introduction County of Rockland v. Triborough Bridge &...
TCPA § 227(c)(5) Creates a Private Right of Action for Unwanted “Telephone Calls,” Not Text Messages 1. Introduction In Seth Steidinger v. Blackstone Medical Services, the Seventh Circuit addressed a...