Imminent Danger Is Not a Filing Prerequisite: Abuse-and-Neglect Petitions Cannot Be Dismissed at Preliminary Hearing Solely Because Children Were Temporarily Out of the Home 1. Introduction Case: In...
Davis-Conforming Superseding Indictments Are Timely When They Do Not Materially Broaden the Charged Conduct 1. Introduction In United States v. Padilla-Galarza (1st Cir. May 6, 2026), the First...
Unobjected Victim Impact Allegations of Uncharged Misconduct Are Not Plain Error Absent Proof of Inaccuracy and Sentencing Reliance Introduction In Andrew Atkinson v. The State of Wyoming, 2026 WY 51...
IDEA Appellate Review After New Evidence: Clear-Error Review, Sliding-Scale “Due Weight,” and Cogent Explanations for More Restrictive Placements Case: N. T. v. Galesburg Community Unit School...
Child-Victim Specificity and Propensity Evidence: Uncharged Sexual-Offense Acts Are Admissible Under NRS 48.045(3) Without Exact Dates When Supported by Reliable Indicia I. Introduction In...
Trade-Secret Unjust Enrichment Can Be Inferred from Trial Testimony; Delay and “No Loss” Jury Finding Defeat Permanent Injunction 1. Introduction The Hurry Family Revocable Trust, Scottsdale Capital...
Compassionate Release May Be Denied Solely on § 3553(a) Factors, Using the Original Sentencing Record to Support the Balance Introduction In United States v. James Edward Hiatt (6th Cir. May 6,...
Failure to Acknowledge Abuse—Including Backtracking from a Stipulation—Renders a Post-Adjudicatory Improvement Period Futile and Supports Termination Without Less Restrictive Alternatives Case: In re...
Termination Without Less Restrictive Alternatives for Improvement-Period Noncompliance and Alcohol Addiction; Post-Termination Visitation Requires an Affirmative Best-Interest Showing Commentary on...
Heightened Voluntariness Colloquy Required for Contingent Pleas; Failure Requires Plea Withdrawal (Minn. 2026) 1. Introduction In State of Minnesota v. Alfredo Torrez (Minn. May 6, 2026), the...
United States v. Barton: Revocation Sentences May Not Be Predetermined by Prior “Ultimatums” I. Introduction In United States v. Daniel Barton, Sr. (6th Cir. May 6, 2026), the Sixth Circuit addressed...
Future Medical Expenses Within PIP Limits Are “Collectible” and Inadmissible Under N.J.S.A. 39:6A-12 (Including UCJF PIP) I. Introduction In Lakita D. Murray v. Christopher B. Punina (with...
Denial of Serious Mental Illness as “Untreatable” Condition Justifying Termination Without Less Restrictive Alternatives (In re A.P.) 1. Introduction In re A.P. (No. 25-798) is a memorandum decision...
Denial of a Post-Adjudicatory Improvement Period and Termination Where a Parent Recants or Minimizes Abuse Despite a Stipulation 1. Introduction Case: In re C.K., F.K., H.K., D.K., E.K., G.K., and...
Non-Acknowledgment of Abuse, Refusal to Screen, and Non-Participation in Services Justify Denial of Post-Adjudicatory Improvement Period and Termination (In re W.S. and A.P.) 1. Introduction Case: In...
Major Upward Variances in Illegal-Reentry Sentencing May Rest on Recency of Serious Prior Crime and Rapid Return, Notwithstanding JSIN Averages I. Introduction In United States v. Diaz-Hernandez...
Vicarious Owner Liability Under Minn. Stat. § 169.09 Survives Coemployee Immunity: Workers’ Compensation Immunity Is Personal, Not a Release 1. Introduction In Rebecca A. Niebuhr v. Jacob Sieberg,...
Repeated Failed Improvement Periods and Parental Deception Justify Denial of Further Improvement and Termination Without Less Restrictive Alternatives Case: In re G.L.-1 and A.L. (No. 25-608, Hardy...
In re B.S. (W. Va. 2026): Post-Termination Visitation Requires an Affirmative Best-Interests Finding; Detriment Forecloses Contact Despite a Bond Introduction In In re B.S., No. 25-419 (Harrison...
Termination Under W. Va. Code § 49-4-604(c)(6) May Be Affirmed Without “Magic Words” Where Findings Show No Reasonable Likelihood of Correction and Permanency Necessitates Termination 1. Introduction...