Finality Forecloses Later Jurisdiction Challenges to a Prior Appellate Remand; Second Appeal Review Is Limited to Post-Remand Error Introduction Case: In re J.A.C., 2026 UT 27 (Utah Supreme Court)....
Extraordinary Relief Discretion: Utah Supreme Court May Deny Rule 19 Petitions Without Reaching Constitutional Merits When Relief Is Unlikely to Be Meaningful Introduction Adams v. Hon. Robison, 2026...
Orleans Parish Courts “Subject to Change by Law”: La. Const. art. V, § 32 Displaces art. V, § 15(D)’s Supermajority for Judgeship Reductions 1. Introduction In John T. Fuller v. State of Louisiana;...
Gowdy v. University Hospitals Cleveland: Clear Video Can Defeat § 1983 Retaliation/Seizure Claims on the Pleadings and Officers May Briefly Detain Bystanders to Secure an Arrest Scene 1. Introduction...
Preponderance of the Evidence Is Constitutionally Sufficient in South Carolina Children’s Code Intervention Proceedings (S.C. Code § 63-7-1650(E)) 1. Introduction In SCDSS v. Gerardo Pimienta (S.C....
Confirmed Arbitral Awards Preclude Most Injunction-Undertaking Damages, but Not Fees to Dissolve the Injunction (Nebraska) Case: Big Iron Auction Co. v. Harder Capital, 321 Neb. 918 (July 31, 2026)...
Burden-Shifting and Objective Harmless-Error Review for Extraneous Juror Information in Tennessee Civil Jury Trials I. Introduction In Kendall Collier ex rel. Chayce C. v. Periclis Roussis, M.D....
Discovery Motions Toll Nebraska’s Statutory Speedy-Trial Clock Until a Court Order Grants or Denies Them 1. Introduction State v. Walker, 321 Neb. 940 (2026), arises from an unusual procedural...
Mandatory On-the-Record Indian Child Inquiry and Presumptive ICWA Treatment Pending Due Diligence (Pa.R.O.C.P. 15.24) 1. Introduction In this rulemaking Order dated July 29, 2026, the Supreme Court...
Plea-Colloquy Deference: When a Defendant’s Sworn Admissions Defeat a Pre-Sentencing Motion to Withdraw Guilty Pleas Under Rule 32(e) 1. Introduction In State of West Virginia v. Edward Dore Beckett...
Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed Case: State v. Perrin (Wash. July 30, 2026) Court: Supreme Court of Washington (En Banc) Core Holding:...
University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm I. Introduction Martinez v. Wash. State Univ. (Wash....
Hawaiʻi PIP Benefits Require Proof of Prepaid-Plan Comparability; Statutory Definitions Defeat “Ambiguity” I. Introduction Case: In the Matter of the Request for Payment of, Christopher Lawinski,...
Home-Rule Limit on Special Acts: Single-City, Single-Beneficiary Legislation Is Void Without Local Voter Approval (R.I. Const. art. 13, § 4) 1. Introduction In Myles Standish Associates, LP v. The...
Insurer May Litigate Newly Pleaded Fraud in Declaratory Judgment; Appraisal Is Premature Until Coverage and Timing of Loss Are Proven Introduction In Rhode Island Joint Reinsurance Association v....
People v Haupt: An Uncounseled Suppression Hearing Can Be a “Critical Stage” Triggering Automatic Reversal Absent a Valid MCR 6.005(D) Waiver Case: People of Michigan v. Alexander James Haupt (No....
Warrant Required for Forensic DNA Testing of an Arrestee’s Effects Held in Jail Custody When Sought for an Unrelated Crime Introduction People of Michigan v. David Henry Serges (Mich Sup Ct, July 30,...
Compelled Psychological Examinations at Michigan Miller Hearings: Permissible if Defense Offers Psychological Expert Evidence, but Admissible Only in Rebuttal I. Introduction People of Michigan v....
People v Eads: Categorical Ban (and Retroactivity) of 50–75 Year Second-Degree Murder Sentences for Youthful Offenders Under Const 1963, art 1, § 16 1. Introduction People of Michigan v. James...
Mandatory Resentencing When an Inaccurate Guidelines Calculation Produces an Out-of-Range Sentence (Despite a “Same Sentence” Statement) I. Introduction Case: People of Michigan v. Evan Taylor...