Haywood v. State: Batson Step-Two “Facial Validity” Controls (Including Demeanor/Eye-Contact Reasons), and Involuntary-Manslaughter Charge Error Is Moot/Harmless After a Malice-Murder Verdict...
Disbarment for Knowingly False Statements in Disciplinary Matters (Rule 8.1(a))—Heightened Consequences for Repeat Infractions Under Bar Rule 4-103 1. Introduction In the Matter of Clifford E....
Pre-Admission MAT Assessment Establishes an MPLA Patient Relationship—and a Duty of Non‑Negligent Screening—Even When Admission Is Denied 1. Introduction Case: Nicholas A. Ghaphery, D.O. as Personal...
West Virginia’s Two-Term Rule: Triggered by Arrest-and-Jailing, Excluding the Arrest Term, and Requiring Immediate Pre-Indictment Release Introduction In State of West Virginia ex rel. Sonté C....
Equitable Tolling Applies to West Virginia Code § 21A-6-3(1)’s 30-Day Physician-Certification Deadline for Medical Quits (Non-Jurisdictional Deadline) Introduction In Christina Gaddy v. WorkForce...
Strict Elements Control: Misdemeanor “Cruel Mistreatment” Is Not a Lesser Included Offense of Felony “Malicious Killing” Under W. Va. Code § 61-8-19 1. Introduction In State of West Virginia v....
Rule 32(e) Plea-Withdrawal Framework: Totality-of-Circumstances Factors and No “Binding Plea” Bar 1. Introduction In State of West Virginia v. Richard William Page (W. Va. May 18, 2026), the Supreme...
Unaccepted Guilty Pleas Are Freely Withdrawable: Rule 32(e) Applies Only After Judicial Acceptance (Justice Trump, concurring in part and dissenting in part) 1. Introduction In State of West Virginia...
Gender-Neutral “Holding Out” Presumption Establishes Parentage for Unmarried, Nonbiological Parents Under the 1973 UPA 1. Introduction In JK v. HK (Supreme Court of Hawaiʻi, May 18, 2026), the court...
Strict-Compliance Rule Confined to Paragraph 22 Default Notices; Post-Acceleration Language Does Not “Overshadow” a Compliant Notice 1. Introduction In Frank Diaz et al. v. Select Portfolio Servicing...
State v. Castrillo: Exclusive-Care Medical Causation Plus Inculpatory Post-Event Conduct Supports Sufficiency; Predating Social-Media Photo Not “Material” Newly Discovered Evidence 1. Introduction In...
State v. Villalobos: Speedy Trial Presumed-Prejudice Rule for Intellectually Disabled Defendants When Delay Stems from Counsel Neglect and State Inaction Introduction In State v. Villalobos (N.M. May...
Velez-Santiago v. State: Post-Guilty-Plea Ineffective Assistance Claims Require Concrete Strickland Prejudice; Alleged Arrest-Warrant Illegality Alone Does Not Undermine a Conviction 1. Introduction...
Powers v. Dist. Ct. (Bueno): NRS 629.620 Is Unconstitutional as Applied to NRCP 35 Discovery Examinations; “Good Cause” Limits Recording and Interpreter Conditions Introduction Case: POWERS v. DIST....
Neutral Yamaha Deference and De Novo Review for Coastal Commission Appellate Jurisdiction; “Principal Permitted Use” Includes Multiple Uses I. Introduction In Shear Development Co., LLC v. California...
Equitable Stays and “Irreparable Harm” Based on Unlawful-Use Profits in the Mifepristone REMS Dispute 1. Introduction Danco Laboratories, LLC and GenBioPro, Inc.—manufacturers/distributors of...
Procedural Reasonableness: No Reversal When Sentencing Misstatements Are Corrected and the § 3553(a) Rationale Is Adequately Explained I. Introduction In United States v. Alexander Beattie (6th Cir....
No Substantive-Due-Process Property Interest Arises from a City Clerk’s Unauthorized “Grandfathering” Assurances for Marijuana Licensure Introduction In Naturale & Co. v. Bruce Eck, Hamtramck...
United States v. Owen: Bank-Fraud “Property” Includes Loan Proceeds and Debts Legally Due; Concealment Money Laundering May Rest on Proceeds from a Completed Phase of an Ongoing Wire-Fraud Scheme 1)...
FMLA Retaliation: Requesting FMLA Paperwork Is “Protected Activity” Even Before Entitlement Is Determined Case: Daniel Paris v. MacAllister Machinery Co., Inc. Court: Court of Appeals for the Sixth...