affirmation-of-district-court Case Commentaries

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K.

Date: Oct 1, 2025

Reaffirming Denial of Improvement Periods and Termination Where Parent Fails to Engage: West Virginia High Court’s Memorandum Decision in In re J.H., J.M., T.K., and R.K. Introduction This commentary...

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — Commentary on United States v. Ferrer‑Sosa (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Prior Competency Finding Is Permissible Without Vouching; Strict Timeliness for Rule 37 Appeals Confirmed — United States v. Ferrer‑Sosa (1st Cir.) Introduction This commentary...

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation (In re D.G. and L.G.)

Date: Oct 1, 2025

Reasonable Efforts May Be Satisfied by Prior and Ongoing Services; Trial Court Credibility Findings Govern Post‑Termination Visitation Commentary on In re D.G. and L.G., No. 24-595 (W. Va. Sept. 30,...

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition

Date: Oct 1, 2025

United States v. Luciano: Seventh Circuit Reaffirms Boundaries of Anders Review and Common Trial/Sentencing Claims in a Nonprecedential Disposition Introduction This commentary examines the Seventh...

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders Dismissal

Date: Oct 1, 2025

Seventh Circuit Reaffirms Reliability-Over-Suggestiveness for Single-Photo Identifications, Proper Venue in Conspiracy Cases, and Presumptive Reasonableness of Below-Guidelines Sentences in an Anders...

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary Enforcement

Date: Oct 1, 2025

Refusal Is Not a Shield: Seventh Circuit Confirms That “Reasonably Calculated” Notice, Including Alternative Delivery and Judicial Notice of Associated Addresses, Satisfies OSHA Service for Summary...

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists

Date: Oct 1, 2025

Consent to Legal Guardianship Does Not Limit Court’s Authority to Terminate Parental Rights When No Reasonable Likelihood of Correction Exists Introduction In a memorandum decision issued on...

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts

Date: Oct 1, 2025

No Clearly Established Fourth Amendment Bar to Trousers-Down Gun Search or 20‑Minute Seclusion in Schools; Sixth Circuit Affirms Interlocutory Review of Qualified Immunity on Plaintiff’s Facts...

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment

Date: Oct 1, 2025

Fair Access, Not Blind Deference: Sixth Circuit Limits Preclusion of Prison Disciplinary Findings and Clarifies Video-Based Summary Judgment Introduction In Brent James Nash v. Austin Bryce and...

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline

Date: Oct 1, 2025

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline Case: Ultra Group of Companies, Inc. v....

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case

Date: Oct 1, 2025

No Unwarranted Disparity Shown by Aggregate Statistics: Eleventh Circuit Affirms Statutory-Maximum Upward Variance and Consecutive Revocation Term for Immediate Recidivism in Child-Pornography Case...

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi

Date: Oct 1, 2025

No Cognizable PSG for Generic Police Informants and No Political-Opinion Nexus; CAT Requires Particularized Risk: Second Circuit’s Summary Order in Velecela Rojas v. Bondi Court: United States Court...

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025)

Date: Oct 1, 2025

Futility Requires Evidence and CAT Demands Official Acquiescence: Guidance from Masaquiza‑Masaquiza v. Bondi (2d Cir. 2025) Note: This decision is a Summary Order of the U.S. Court of Appeals for the...

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss

Date: Oct 1, 2025

Plain-View Hazards on Icy Roads: Comparative Negligence for the Jury; No Default Spoliation for Pre‑Notice Telematics Loss Introduction In Fahrnow v. E-5 Oilfield Services, 2025 MT 220, the Montana...

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions

Date: Oct 1, 2025

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions Introduction In Bostic v. The State and Wright...

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time

Date: Oct 1, 2025

Reaffirming West Virginia’s 50-50 Custody Presumption: Trial Courts Must Apply § 48-9-102a, Analyze § 48-9-209(f) Factors, Enter Written Findings, and Maximize Parenting Time Case: In re R.L., No....

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications

Date: Oct 1, 2025

Reaffirming the Rule 8(a) Presumption and Tightening Limits on Child Confrontation, Discovery, and Sexual-History Evidence in Abuse-and-Neglect Adjudications Introduction In re L.H.-1, B.H., L.H.-2,...

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance

Date: Oct 1, 2025

Improvement Period May Be Denied When a Parent’s Promise to a Critical No‑Contact Condition Lacks Credibility, Even Amid Services Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va....

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency ≠ Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Demands Timely Appeals from Rule 37 Indicative Rulings Case: United States v. Vázquez‑Rijos (1st Cir.)...

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases

Date: Oct 1, 2025

Reasonable Efforts Clarified: Prior-Case Services and Futility Can Satisfy DHS’s Reunification Duty in Recidivist Neglect Cases Introduction In re D.G. and L.G., No. 24-620 (W. Va. Sept. 30, 2025),...

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