actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

Unconditional Guilty Pleas Waive Grand-Jury Misconduct Claims and Unpreserved Procedural Sentencing Errors in the First Circuit (United States v. Maldonado)

Date: Jun 3, 2026

Unconditional Guilty Pleas Waive Grand-Jury Misconduct Claims and Unpreserved Procedural Sentencing Errors in the First Circuit Case: United States v. Maldonado (1st Cir. June 2, 2026) Court: United...

Texas Home-Equity Loan Forfeiture Is Limited to Breaches of Article XVI, Section 50(a)(6) Constitutional Obligations

Date: Jun 3, 2026

Texas Home-Equity Loan Forfeiture Is Limited to Breaches of Article XVI, Section 50(a)(6) Constitutional Obligations I. Introduction Janice C. Staub and Parker D. Young v. BBVA USA is a Texas...

Mandatory County-Jail Detention at Age 18 for Direct-Filed Juvenile Defendants Under § 19-2.5-305(4)(g)

Date: Jun 3, 2026

Mandatory County-Jail Detention at Age 18 for Direct-Filed Juvenile Defendants Under § 19-2.5-305(4)(g) 1. Introduction People v. Lawrence, 2026 CO 39 is an original proceeding under C.A.R. 21 in...

People v. Baker (2026): Furtive Movements + POWPO History + High-Crime Area Justify Protective Sweep; Gun Discovery Supplies Automobile-Exception Probable Cause

Date: Jun 3, 2026

People v. Baker: Evolving-Traffic-Stop Doctrine—Furtive Movements, POWPO History, and a High-Crime Setting Support a Protective Vehicle Sweep, and the Gun Discovery Triggers Automobile-Exception...

Colorado’s Inmate Filing-Fee Restrictions in § 13-17.5-103 Do Not Apply to Habeas Corpus Petitions

Date: Jun 3, 2026

Colorado’s Inmate Filing-Fee Restrictions in § 13-17.5-103 Do Not Apply to Habeas Corpus Petitions I. Introduction In Gottorff v. Lengerich, 2026 CO 37, the Colorado Supreme Court (en banc, per...

Nonretroactive Guideline Amendments Cannot Supply the “Change in the Law” Needed for Compassionate Release Under U.S.S.G. § 1B1.13(b)(6)

Date: Jun 3, 2026

Nonretroactive Guideline Amendments Cannot Supply the “Change in the Law” Needed for Compassionate Release Under U.S.S.G. § 1B1.13(b)(6) 1. Introduction United States v. Terrence Smith (11th Cir....

Helt v. Guess (2026 MT 117): Child-Specific Findings Required to Restrict Parent-Child Contact in Orders of Protection

Date: Jun 3, 2026

Helt v. Guess (2026 MT 117): Child-Specific Findings Required to Restrict Parent-Child Contact in Orders of Protection 1. Introduction In Helt v. Guess, the Supreme Court of Montana reviewed a...

Reaffirming UCCJEA Limits on Relinquishment: A Pending Out-of-State Custody Proceeding Is Required, and Immaterial Inconvenient-Forum Factors Need Not Be Expressly Addressed

Date: Jun 3, 2026

Reaffirming UCCJEA Limits on Relinquishment: A Pending Out-of-State Custody Proceeding Is Required, and Immaterial Inconvenient-Forum Factors Need Not Be Expressly Addressed Introduction Marriage of...

CCYA Noncompliance as “Substantial Injustice”: Two-Year Remand for Rehabilitative Implementation and Meaningful Sentence Review

Date: Jun 3, 2026

CCYA Noncompliance as “Substantial Injustice”: Two-Year Remand for Rehabilitative Implementation and Meaningful Sentence Review 1. Introduction State v. I. Pehringer (2026 MT 115) addresses what...

Mailing (Not Actual Receipt) Satisfies Montana Notice of Foreign Judgment; Lis Pendens Is Not Stay Security; Unrelated Prior Firm Representation Does Not Require Disqualification

Date: Jun 3, 2026

Mailing (Not Actual Receipt) Satisfies Montana Notice of Foreign Judgment; Lis Pendens Is Not Stay Security; Unrelated Prior Firm Representation Does Not Require Disqualification Introduction In...

Montana Rule: A Buy-Sell + Seller-Financing Amendment Is Enforceable Despite Later “Mutually Agreed” Contract-for-Deed Terms; Added Public-Access Encumbrances Breach Condition-of-Title

Date: Jun 3, 2026

Montana Rule: A Buy-Sell + Seller-Financing Amendment Is Enforceable Despite Later “Mutually Agreed” Contract-for-Deed Terms; Added Public-Access Encumbrances Breach Condition-of-Title I....

Failure to Follow Mandatory CCYA Status-Report and Pre-21 Review Requirements Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review

Date: Jun 3, 2026

Failure to Follow Mandatory CCYA Status-Report and Pre-21 Review Requirements Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review 1. Introduction In State v. I....

Failure to Implement CCYA Status-Report and Pre-21 Review Mandates Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review

Date: Jun 3, 2026

Failure to Implement CCYA Status-Report and Pre-21 Review Mandates Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review Introduction State v. I. Pehringer (2026 MT 114)...

Waiver of ICWA “Diligent Efforts” Challenges and Conclusive Reliance on Unrevised Tribal Eligibility Determinations

Date: Jun 3, 2026

Waiver of ICWA “Diligent Efforts” Challenges and Conclusive Reliance on Unrevised Tribal Eligibility Determinations Case: Matters of L.C., X.P. & N.C., YINC, 2026 MT 121 (Mont. June 2, 2026) Court:...

Acquiescence Waives ICWA Diligent-Efforts Challenges in Montana YINC Termination Appeals

Date: Jun 3, 2026

Acquiescence Waives ICWA Diligent-Efforts Challenges in Montana YINC Termination Appeals Case: Matters of L.C., X.P. & N.C., YINC (Mont. 2026 MT 121) | Court: Supreme Court of Montana | Date: June 2,...

State v. Olson: Non-Speculative Nexus Required to Admit Alternative-Source Sexual-Knowledge Evidence Under Montana’s Rape Shield Statute

Date: Jun 3, 2026

State v. Olson: Non-Speculative Nexus Required to Admit Alternative-Source Sexual-Knowledge Evidence Under Montana’s Rape Shield Statute 1. Introduction In State v. Brent James Olson, 2026 MT 118,...

Rule 4(a)(6) Is the Exclusive Path to Reopen an Appeal: Mailbox Neglect, Reliance on Clerk “No Action” Notices, and Rule 60(b) Cannot Create an Equitable Extension

Date: Jun 3, 2026

Rule 4(a)(6) Is the Exclusive Path to Reopen an Appeal: Mailbox Neglect, Reliance on Clerk “No Action” Notices, and Rule 60(b) Cannot Create an Equitable Extension 1. Introduction In Michael DeWayne...

USERRA Standing Survives Payroll “Corrections” When Complaint Seeks Reinstatement, Lost Opportunities, and Liquidated Damages

Date: Jun 3, 2026

USERRA Standing Survives Payroll “Corrections” When Complaint Seeks Reinstatement, Lost Opportunities, and Liquidated Damages Introduction In Michael Baluja v. City of Coral Gables (11th Cir. June 2,...

United States v. John Melton — Antitrust-Training “Illegality” Testimony as Context (Curable by Instruction) and Evidence Threshold for Per Se Sherman Act Conspiracy

Date: Jun 3, 2026

Antitrust-Training “Illegality” Testimony as Context (Curable by Instruction) and Evidence Threshold for Per Se Sherman Act Conspiracy in Coordinated Bidding/Pricing Introduction In United States v....

Major-Professor Withdrawal Treated as an Academic Judgment: “Careful and Deliberate” Process Satisfies Due Process Without a Disciplinary Hearing

Date: Jun 3, 2026

Major-Professor Withdrawal Treated as an Academic Judgment: “Careful and Deliberate” Process Satisfies Due Process Without a Disciplinary Hearing I. Introduction Lily Barrett v. Diana Williams (11th...