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affirmation-of-qualified-immunity-in-prisoners& Case Commentaries

Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance

Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance

Date: May 20, 2025
Adams v. Wyoming Department of Corrections: Establishing the Ake Threshold for Expert Assistance Introduction In Adams v. Wyoming Department of Corrections, 10th Cir. No. 24-8039 (May 19, 2025), Jett...
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Date: May 20, 2025
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice Introduction In Sanchez-Ravuelta v. Yavapai, decided May 19, 2025, the Arizona Supreme Court addressed...
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Date: May 20, 2025
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder Introduction State v. Byram is a direct appeal from a 2021 first-degree murder conviction...
Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Aggravated Identity Theft Must Be “At the Crux”: United States v. King

Date: May 20, 2025
Aggravated Identity Theft Must Be “At the Crux”: United States v. King Introduction United States v. Eric King, decided by the Sixth Circuit on May 19, 2025, addressed the scope of the federal...
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Date: May 20, 2025
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram Introduction The Supreme Court of New Mexico’s decision in State v. Byram, filed May 19, 2025 (No. S-1-SC-40149),...
Judicial Finding Required Before Admission of Withdrawn Plea Statements

Judicial Finding Required Before Admission of Withdrawn Plea Statements

Date: May 20, 2025
Judicial Finding Required Before Admission of Withdrawn Plea Statements Introduction United States v. Wilson (10th Cir. May 19, 2025) addresses whether a federal defendant’s withdrawn guilty-plea...
Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death

Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death

Date: May 20, 2025
Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death Introduction In State of West Virginia v. Julie Browning, decided May 19, 2025, the Supreme Court of Appeals of West...
The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights

The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights

Date: May 20, 2025
The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights Introduction This commentary examines the Supreme Court of Nevada’s decision in Counsil (Joshua) v. State,...
Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County

Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County

Date: May 20, 2025
Waiver of As-Applied Free Exercise Claims in Successive Appeals: Lukaszczyk v. Cook County Introduction In Barbara Lukaszczyk et al. v. Cook County, Illinois, the Seventh Circuit addressed whether...
Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Contract Formation by Conduct in the Battle of the Forms: BorgWarner PDS Irapuato v. Parker Hannifin Corp.

Date: May 20, 2025
Contract Formation by Conduct in the Battle of the Forms BorgWarner PDS Irapuato S. de R.L. de C.V. v. Parker Hannifin Corp. Introduction This case arises from a supply-contract dispute between...
Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal

Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal

Date: May 19, 2025
Defining “Reasonable Time” For Rule 60(b)(6) Motions in Capital Habeas Cases: Ritchie v. Neal Introduction Benjamin Ritchie v. Ron Neal presents a late-stage attempt by a death-row inmate to reopen...
“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals

“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals

Date: May 17, 2025
“Reasonable Notice to Seek Habeas Relief” – The Supreme Court’s New Due-Process Standard for Alien Enemies Act Removals Introduction A.A.R.P. v. Trump, 605 U.S. ___ (2025), marks the Supreme Court’s...
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Date: May 17, 2025
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals Introduction In In re Guillemette ZA Determination Appeal (2025 VT 25), Anne and Mark Guillemette (landowners)...
Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale

Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale

Date: May 17, 2025
Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale Introduction The Supreme Court of Iowa’s decision in State of Iowa v. Vanessa Renae Gale (No. 23-1786, filed May 16,...
Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson

Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson

Date: May 17, 2025
Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson Introduction In In the Matter of Property Seized for Forfeiture from Bitcoin Depot Operating, LLC v....
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review

Date: May 17, 2025
Tactical Waiver of Post-Plea Challenges Based on Intervening Precedent Bars Appellate Review 1. Introduction United States v. Ray is a Second Circuit summary order issued on May 16, 2025. The...
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew

Date: May 17, 2025
Prohibition Against Delegation of Device Restrictions to Probation: United States v. Mayhew Introduction In United States v. Mayhew, 22-1704-cr (2d Cir. May 16, 2025), Michael Mayhew pled guilty to...
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine

Date: May 17, 2025
United States v. Bimbow: Clarifying Probable Cause for the Automobile Exception and Independent Source Doctrine Introduction In United States v. Bimbow (2d Cir. May 16, 2025), the Second Circuit...
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions

Date: May 17, 2025
Clarification of Interlocutory Appeal Jurisdiction and Standards for Preliminary Injunctions and Anonymity Motions in Prisoners’ §1983 Actions Introduction In Sloley v. NYS DOCCS, 24-662-cv (2d Cir....
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii)

Date: May 17, 2025
Reaffirming the Rigorous Application of Adverse Credibility Standards under 8 U.S.C. §1158(b)(1)(B)(iii) Introduction Singh v. Bondi, 23-6358 (2d Cir. May 16, 2025) presents the petition for review...
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