Abandonment as Aggravated Circumstance: Discretionary Denial of Improvement Period and Excusal of DHS Reunification Efforts Case: In re D.C., No. 25-718 (W. Va. Sup. Ct. App. July 28, 2026)...
Missed Special-Needs Medical Care and Supervision Lapses as Neglect—and Termination—Despite Partial Improvement-Period Compliance Introduction In re B.H. and R.H. (W. Va. Sup. Ct. App. July 28, 2026)...
Michigan’s New Cruel-or-Unusual-Punishment Framework for Pre-Aaron Felony Murder: Burden-Shifting Review of Mandatory LWOP and Parole-Eligibility Remedy I. Introduction People of Michigan v. Edwin...
Montana Uniform District Court Rules: Statewide Uniform Procedure, Mandatory Motion Conferencing, and New Simplified/Informal Trial Frameworks Introduction On July 28, 2026 (Case No. AF 07-0110), the...
Settled-Party Comparative-Fault Defense Is Not a “Malpractice Claim” Triggering § 26-2-601 Expert-Qualification Limits Introduction Stricker v. Blaine County (Mont. 2026 MT 170N) is the fourth...
Res Judicata Bars Untimely Collateral Restitution Challenges; § 46-18-246, MCA Permits Prospective Reduction to Zero Upon Proven Inability to Pay Introduction In State v. J. Rodriguez (Mont. Sup. Ct....
State v. Thomas (2026 MT 171N): Vague Continuance Requests and Non-Substantial Counsel Complaints Do Not Compel Delay or Substitute Counsel—Especially Where Defendant Insists on Speedy Trial...
Adoption-Act Terminations Must Include the “Strictly Necessary” Best-Interest Finding Ross v. Kracht, 2026 UT 22 (Utah Supreme Court, July 30, 2026) I. Introduction Parties. Julie Ross and Gerald...
New Jersey Clarifies Brady Materiality: “Reasonable Probability” Is Less Stringent Than Carter’s “Probably Change the Verdict” Case: State v. Yusef B. Allen Court: Supreme Court of New Jersey Date:...
Improvement Periods May Be Denied When Untreated Psychosis Makes Participation Unlikely; DHS Not Required to Pursue Involuntary Commitment 1. Introduction In In re D.C. (No. 25-714), Petitioner...
No-Contact Order Violations and Unacknowledged Domestic Violence Justify Denial of Improvement Period and Termination of Parental Rights 1. Introduction In In re B.M.-1 and O.M., the Supreme Court of...
In re J.M.: No Improvement Period—and Termination Upheld—When Ongoing Drug Use, No Visitation, and Incarceration Make Timely Correction Unlikely 1. Introduction Case: In re J.M., No. 25-595 (W. Va....
Post-Termination Visitation Requires a Best-Interests Finding Under Amended Rule 15(b)(2)(A) and May Consider Younger Children’s Matured Wishes 1. Introduction In re W.L., K.L., and G.L. (W. Va. Sup....
Case-Plan “Compliance” Is Not Enough: Termination Affirmed Where Parent Cannot Safely Supervise and Meet Medically Fragile Children’s Extraordinary Needs 1. Introduction In re B.H. and R.H. is a...
In re J.T.: ADA “Reasonable Accommodations” Findings Under § 49-4-604(c)(5)(C) Are Not Required for Termination Under § 49-4-604(c)(6) Absent a Developed ADA Showing Court: Supreme Court of Appeals...
Freeland v. Kelly: Appellate Record Burden and the “Some Evidence” Rule in Prison Disciplinary Habeas Review 1. Introduction In Aron Freeland v. David Kelly, Commissioner, West Virginia Division of...
Rule 60(b) in Habeas After Final Appellate Review: Nine-Year Delay Is Unreasonable; “Fraud on the Court” Requires Proof and Need Not Trigger a Hearing Case: Antonio Prophet v. Jonathan Frame,...
Competency to Stand Trial Turns on Present Functional Understanding—not Etiology (TBI vs. Mental Illness)—and Retroactive Reevaluation Requires Preservation and Changed Circumstances 1. Introduction...
Montana’s 2027 Lawyer Disciplinary Enforcement Framework: Comprehensive Regulation, Separated Functions, and Mandatory Interim Administrator Planning Court: Supreme Court of Montana Case Title: RULES...
State v. Morrissey Jr.: “Evidence as a Whole” Supports Denial of Directed Verdict Where Victim’s “Same Spot” Testimony Permits Inferences of Sexual Contact and Knowing Mental State 1. Introduction In...