Orders of Protection Must Defer to Existing Parenting Plans While Permitting Only Logistics-Limited Contact 1. Introduction Gemar v. Gemar (Mont. 2026 MT 173N) concerns whether a district court...
Platted Express Easements Cannot Be “Supplanted” by a Non‑Signatory Easement Agreement; Obstruction Remedies Must Be Precisely Tied to Proven Encroachments Introduction Vicevich v. Kultgen (2026 MT...
State v. Veltkamp (2026 MT 169): SANE Reports Are Not “Medical Diagnosis” Hearsay; Jury-Room Access Is Error but May Be Harmless When Cumulative 1. Introduction In State v. Veltkamp, the Montana...
State Tortfeasor Cannot Use Interpleader to Impose the Tort Claims Act Cap; Constitutional Challenges to § 2-9-108, MCA, Are Unripe Absent a Filed Tort Action and Excess Damages Determination 1....
Montana Lawyer Discipline: Felony Drug Convictions Trigger Rule 8.4 Charges, While Interim Suspension Requires a Separate Rule 23(B) Showing 1. Introduction Matter of Kenneth B. Cotter arises from...
Service of Notice of Appeal Is Nonjurisdictional; Late Expert Declarations Cannot Be Wholly Excluded When Substantially Justified/Harmless and Supporting Properly Disclosed Malpractice Opinions...
Utah Adoption Act: Termination to Facilitate Adoption Requires a “Strictly Necessary” Best-Interest Analysis Grounded in Case-Specific Stability Needs Introduction In re Adoption of B.C., 2026 UT 23,...
Sua Sponte Discussion Does Not Preserve an Unraised Appellate Issue Unless It Serves Judicial Economy and Fairness Introduction In Abu-Ulba v. Ananda Scientific, Inc., 2026 UT 24, the Utah Supreme...
Limiting Instructions Need Not Accompany Each Exhibit’s Publication; Drug-Related Text Messages Admissible Under Rule 404(b) to Prove Intent and Rebut “No Longer Dealing” Defense I. Introduction In...
Rencher v. State of Mississippi: Meta/AT&T Records Are Self-Authenticating Under MRE 902(11), and “Google Earth” Coordinate Plotting May Be Proven by Lay Testimony Introduction In Rencher v. State of...
Verified Warrant Reliance and “Substantial Basis” Review: Lack of a Preliminary-Hearing Record Does Not Undermine a Facially Valid Arrest Warrant 1. Introduction In Eacholes v. State of Mississippi...
Waiver of Late-Disclosed Expert/Discovery Claims Without a Continuance Request; Timeline Uncertainty Does Not Defeat Child Sex-Offense Proof Case: Sanders v. State of Mississippi (No....
Certified MDH HIV Surveillance Records Are Nontestimonial; § 97-27-14(1) Requires No Proof of Viral Load or Transmission Likelihood Case: Sims v. State of Mississippi, Supreme Court of Mississippi...
Post-Appeal Release and Mootness: Disputed Settlement Facts Require District-Court Determination Before Merits Review 1. Introduction Tammy Russell v. U.S. Dep't of Treasury (6th Cir. July 29, 2026)...
Anti-Waiver Statutes Do Not Preempt Forum Choice-of-Law: Kentucky’s § 188 “Most Significant Relationship” Test Governs Sales-Representative Termination Disputes Case: Bonfiglioli USA, Inc. v. Midwest...
Renewing Rule 29 Motions to Preserve Sufficiency Claims and Treating Digital-Forensics Disputes as Weight (Not Admissibility) Introduction In United States v. Scott Nelson (6th Cir. July 29, 2026)...
Judicial “Testimony” Under Rule 605 Is Subject to Rule 52(a) Harmless-Error Review Requiring an Effect on Substantial Rights United States v. Khari Qunarll Smith (with co-appellants Saruba Asante...
Sixth Circuit Establishes a “Substantial Rights” Harmless-Error Standard for Rule 605 Judicial “Testimony” (and Remands Where a Mandatory Guideline Reduction Was Omitted) 1. Introduction United...
Amended Judgments After § 2255: Direct Appeal Permitted, But ACCA Error Can Be Harmless and “Ransom” Includes Family-Hostage Demands 1. Introduction United States v. Michael Benanti (6th Cir. July...
Rule 605 Judicial-“Testimony” Error Is Subject to Rule 52(a) Harmless-Error Review (Substantial-Rights Standard) 1. Introduction United States v. Chanel Lashae Logan (consolidated appeals involving...