balancing-confrontation-rights-and- Case Commentaries

Quiet Title Judgments Must Depict Both the Historic Easement and Its Prescriptive Extinguishment; Remand Cannot Be Used to Reroute Access

Date: Aug 21, 2026

Quiet Title Judgments Must Depict Both the Historic Easement and Its Prescriptive Extinguishment; Remand Cannot Be Used to Reroute Access Introduction In Donald Edward Bloom, Deborah Jane Bloom, and...

Intertribal Consortium Arm-of-the-Tribe Immunity Under Ito; Tribal Plaintiffs Waive Immunity to Rule 82 Fees by Filing Suit

Date: Aug 21, 2026

Intertribal Consortium Arm-of-the-Tribe Immunity Under Ito; Tribal Plaintiffs Waive Immunity to Rule 82 Fees by Filing Suit 1. Introduction In Dot Lake Village v. Dená Nená Henash, d/b/a Tanana...

State v. Nickels: Jury Must Decide Disputed “Dwelling” (and Initial Aggressor) Facts Governing Nebraska’s No-Retreat Privilege

Date: Aug 21, 2026

State v. Nickels: Jury Must Decide Disputed “Dwelling” (and Initial Aggressor) Facts Governing Nebraska’s No-Retreat Privilege I. Introduction In State v. Nickels, 322 Neb. 1 (Aug. 14, 2026), the...

RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding

Date: Aug 21, 2026

RFC Absenteeism Limits Need Evidentiary Support: Missed Appointments Alone Do Not Require a “Three Days per Month” Work-Absence Finding I. Introduction In Scott William Cartlidge v. Acting...

Rule 10b-5(b) Misstatement Liability Does Not Depend on a “Fraudulent Scheme,” but PSLRA Scienter Still Requires a Cogent Inference; Rule 9(b) Governs Securities Act Claims Sharing the Same Fraud Narrative

Date: Aug 21, 2026

Rule 10b-5(b) Misstatement Liability Does Not Depend on a “Fraudulent Scheme,” but PSLRA Scienter Still Requires a Cogent Inference; Rule 9(b) Governs Securities Act Claims Sharing the Same Fraud...

Prospective Population-Class Statutes Are Still “Local or Special” When the Range Is Irrationally Narrow and Targets a Single County; Permanent Multi‑Project Tax Mandates Regulate County Business Under Nev. Const. art. 4, § 20

Date: Aug 21, 2026

Prospective Population-Class Statutes Are Still “Local or Special” When the Range Is Irrationally Narrow and Targets a Single County; Permanent Multi‑Project Tax Mandates Regulate County Business...

Open Meeting Law Requires Naming Officers on Closed Citizen Review Board Agendas; No Nontrivial Privacy Interest in Officer Names and Badge Numbers Already Mandatorily Public

Date: Aug 21, 2026

Open Meeting Law Requires Naming Officers on Closed Citizen Review Board Agendas; No Nontrivial Privacy Interest in Officer Names and Badge Numbers Already Mandatorily Public Case: LAS VEGAS POLICE...

NRCP 12(g)(2) on Remand: No New Rule 12(b) Grounds After an Initial Motion (Except Subject-Matter Jurisdiction and Preserved, Unadjudicated Defenses)

Date: Aug 21, 2026

NRCP 12(g)(2) on Remand: No New Rule 12(b) Grounds After an Initial Motion (Except Subject-Matter Jurisdiction and Preserved, Unadjudicated Defenses) Case: 8933 Square Knot Trust v. Bank of New York...

Professional-Negligence Fee Caps Apply by Substance (Not Labels), and Attorney Liens Must Be Perfected Before Counsel Receives Settlement Funds

Date: Aug 21, 2026

Professional-Negligence Fee Caps Apply by Substance (Not Labels), and Attorney Liens Must Be Perfected Before Counsel Receives Settlement Funds 1. Introduction Case: CASTILLO v. ATKINSON WATKINS &...

NAC 293.0604’s Candidate-Filing Methods Are Exclusive: Email Filing Is Invalid and Requires Ballot Exclusion

Date: Aug 21, 2026

NAC 293.0604’s Candidate-Filing Methods Are Exclusive: Email Filing Is Invalid and Requires Ballot Exclusion 1. Introduction Mercer v. Portillo (Candelaria) is an original, emergency election case in...

Sua Sponte Trial-Court Intervention Preserves Prosecutorial-Misconduct Claims for Comments on Fourth Amendment Refusals (and Limits Relief to Harmless-Error Review)

Date: Aug 20, 2026

Sua Sponte Trial-Court Intervention Preserves Prosecutorial-Misconduct Claims for Comments on Fourth Amendment Refusals (and Limits Relief to Harmless-Error Review) 1. Introduction In ABEL (JESSE) v....

Modest Comparative Disparity and Conclusory Claims Do Not Establish a Nevada Fair Cross-Section Violation

Date: Aug 20, 2026

Modest Comparative Disparity and Conclusory Claims Do Not Establish a Nevada Fair Cross-Section Violation 1. Introduction In LOVE (DENNIS) v. STATE (CRIMINAL), appellant Dennis Edward Love appealed...

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud

Date: Aug 19, 2026

Breaking the Ballot-Box Seal Triggers a Special Election Without Proof of Fraud Introduction In Michael Cathey v. Allen "Vashon" Tanksley (Miss. Aug. 13, 2026), the Supreme Court of Mississippi...

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims

Date: Aug 19, 2026

UPCCRA Intervening-Decision Exception Requires a Showing of Actual Adverse Effect; Andrew v. White Does Not Automatically Reopen Time-Barred, Successive Capital PCR Claims 1. Introduction This en...

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election

Date: Aug 19, 2026

Mississippi County Election Commissions Lack Statutory Jurisdiction to Disqualify County Court Judge Candidates Pre‑Election Introduction In In Re: Petition to Disqualify Kevin A. Adams as a...

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record

Date: Aug 19, 2026

Appellate Waiver and the Limits of M.R.A.P. 10(e): Failure to Brief Summary-Judgment Error Forfeits Review; Post-Judgment Evidence Cannot Cure the Record I. Introduction In Demetrius Johnson v. Erich...

Arizona Rule 19.4 Governs Interrupted Proceedings, Not Successor Sentencing After a Completed Trial

Date: Aug 19, 2026

Arizona Rule 19.4 Governs Interrupted Proceedings, Not Successor Sentencing After a Completed Trial Case: STATE OF ARIZONA v. DIONDRA SHARRELLE HOWARD Court: Supreme Court of the State of Arizona...

Mandamus Denied Absent Clear Statutory Command: JJA Transfer Provisions Are Not Self-Executing and Need Not Precede Juvenile Adjudication

Date: Aug 19, 2026

Mandamus Denied Absent Clear Statutory Command: JJA Transfer Provisions Are Not Self-Executing and Need Not Precede Juvenile Adjudication I. Introduction In re Commonwealth, 2026 MP 8 (NMI Sup. Ct....

ADES May Defend Unemployment Decisions: Attorney-Fee Exclusions Turn on the Underlying Administrative Proceeding

Date: Aug 19, 2026

ADES May Defend Unemployment Decisions: Attorney-Fee Exclusions Turn on the Underlying Administrative Proceeding Case: WILLIAMS v. ADES/LAMONT Court: Supreme Court of the State of Arizona Decided:...

Strict “Reasonable Time” Requirement for Appeal-Deprivation Good Cause Under NRS 34.726(1)

Date: Aug 19, 2026

Strict “Reasonable Time” Requirement for Appeal-Deprivation Good Cause Under NRS 34.726(1) 1. Introduction In Wesson (Jeremy) v. State (Criminal), the Nevada Supreme Court dismissed Jeremy Devon...