Out-of-Time Appeals in Texas Parental-Termination Cases Based on Ineffective Assistance of Counsel 1. Introduction Case: In the Interest of J.D.H., a Child (Supreme Court of Texas, June 19, 2026)....
No Extra-Textual Materiality for Medicaid-Fraud Omissions Under TEX. HUM. RES. CODE § 36.002(2): “Permits” Means Causation, Not Common-Law Fraud Materiality 1. Introduction This dissenting opinion by...
Out-of-Time Appeals for Ineffective Assistance in Parental-Rights Termination Accelerated Appeals I. Introduction Case: In the Interest of J.D.H., a Child, No. 25-0588 (Tex. June 19, 2026) (per...
Hard-40 Sentences Are “Complete” Without an Express Parole Pronouncement; Erroneous Postrelease Supervision Terms Must Be Corrected Nunc Pro Tunc I. Introduction In State v. Brown (Kan. 2026-06-18),...
Particularized Knowledge of a High-Probability Hazard Is Required to Pierce Co-Employee Immunity Under Wyo. Stat. Ann. § 27-14-104(a) Introduction In Dusty Courtney v. Kenneth Meyer, 2026 WY 67 (June...
Florida District Courts Have Jurisdiction to Review Denials of Downward Departure Sentences Case: Eric Desmond Parrish v. State of Florida Court: Supreme Court of Florida Date: June 18, 2026 Author:...
Whitton v. State (Fla. 2026): Due-Diligence “Discoverability” (Not Later Testimony) Triggers the One-Year Window for Successive Newly-Discovered-Evidence Claims in Capital Postconviction Case: Gary...
Independent Reasonable Suspicion Survives: An Officer Need Not End a Traffic Stop When One of Multiple Bases Is Extinguished 1. Introduction In State v. Mathis, Slip Opinion No. 2026-Ohio-2269 (June...
Relocation Denied Where a Child’s Autism-Related Need for Stability and Established Family Bonds Outweighs Economic Upside 1. Introduction Matter of Elya L. v Aaron L. (2026 NY Slip Op 03864) is a...
People v. Guerra: Ineffective Assistance Where a Stipulation Effectively Concedes Mens Rea in CSAM Promotion/Possession Trials Court: New York Court of Appeals (Halligan, J.) Citation: 2026 NY Slip...
Fee-for-Service Contractors Are Not FOIL “Agencies” Absent Governmental Control 1. Introduction Matter of Ryan v Watershed Agric. Council of the N.Y. City Watersheds, Inc. (2026 NY Slip Op 03853 [3d...
EDPL Not Implicated Absent an “Acquisition”: Municipal Roadway Guardrails Within the Right-of-Way Do Not State a Takings Claim Case: Draina v Town of Ballston, 2026 NY Slip Op 03863 (App Div 3d Dept...
Deficiency Judgments in New York Foreclosures: Speculative Redevelopment Potential Does Not Inflate “Fair Market Value,” and Unpaid Tax Liens Exceeding Sale Proceeds Do Not Void the Sale 1....
Mandatory DCJS Registry Reporting Is Qualifiedly Privileged Absent Actual Malice; Settlement Confidentiality Does Not Bar Nonspecific Personnel-File References Introduction In Carpenter v City of...
Post-Warrant Claims Must Satisfy Rule 3.851 Discoverability; No Eighth Amendment Elderly Exemption in Florida I. Introduction In Dusty Ray Spencer v. State of Florida (Fla. June 18, 2026), the...
“As Is, Where Is” Auction Disclaimers Defeat Condition-Based Claims Absent Proof of a Specific Pre-Sale Representation and Reliance Case: Lovett, Charles v. Bayshore Ford Truck Sales, Inc. Court:...
Settlement Stipulation and Acquiescence Can Establish Common-Law Dedication of a Public Trail 1. Introduction In John Gerlach and Debra Gerlach v. Town of Chittenden (2026 VT 25), the Vermont Supreme...
Mere Knowledge of a Competing Deal Is Not “Inducement”: Nebraska Clarifies Tortious Interference and Reinforces Competitor’s Privilege 1. Introduction Bar at the Yard v. Friends Family, 321 Neb. 606...
ERA’s Age-Equality Guarantee Does Not Implicitly Repeal New York’s Mandatory Judicial Retirement Rule Introduction Matter of Miller v. State of New York (2026 NY Slip Op 03907) presented the New York...
No Common-Law Duty on Adjoining Owners to Prevent Excavation Stop-Work Delays; Pure Economic Loss Unrecoverable 1. Introduction In 1992 Third Realty LLC v Third Ave NY Realty LLC (2026 NY Slip Op...