balancing-first-amendment-rights- Case Commentaries

State v. Gaeta: No Remorse Penalty After a No-Contest Plea and No Contractual Evasion of Constitutional Sentencing Limits

Date: Oct 24, 2026

State v. Gaeta: No Remorse Penalty After a No-Contest Plea and No Contractual Evasion of Constitutional Sentencing Limits Supreme Court of Hawaiʻi · SCWC-23-0000359 · October 22, 2026 · Opinion by...

Parental Neglect Requires Statutory Proof, Not an Adverse Inference from Exercising the Right to Be Heard

Date: Oct 24, 2026

Parental Neglect Requires Statutory Proof, Not an Adverse Inference from Exercising the Right to Be Heard Case: In re K.J., K.W., and M.W., No. 25-67 Court: Supreme Court of Appeals of West Virginia...

ICWA Transfer: Prior Nontransfer and Geographic Convenience Do Not Establish Good Cause to Retain State Jurisdiction

Date: Oct 24, 2026

ICWA Transfer: Prior Nontransfer and Geographic Convenience Do Not Establish Good Cause to Retain State Jurisdiction Court: Supreme Court of Appeals of West Virginia Case: State of West Virginia ex...

In re X.M.: Special-Education Residency Disputes Must Follow the Statutory Administrative Process

Date: Oct 24, 2026

In re X.M.: Special-Education Residency Disputes Must Follow the Statutory Administrative Process Case: In re X.M., 2026 N.H. 38 Court: Supreme Court of New Hampshire Opinion issued: October 22, 2026...

Reasonable Suspicion from Corroborated Drug Intelligence and Contextually Suspicious Travel

Date: Oct 24, 2026

Reasonable Suspicion from Corroborated Drug Intelligence and Contextually Suspicious Travel State v. Hefferon, 2026 N.H. 39 Supreme Court of New Hampshire · October 22, 2026 · Opinion by Countway, J....

Reserved-Party Ballot Access: Signature Approval Does Not Excuse an Untimely Endorsement

Date: Oct 24, 2026

Reserved-Party Ballot Access: Signature Approval Does Not Excuse an Untimely Endorsement Case: Greenstein v. Thomas, SC 21291 Court: Supreme Court of Connecticut, Bright, J., exercising original...

Atkins v Atkins: Contribution-Based Business Distribution and Equitable Interest on Installment Awards

Date: Oct 24, 2026

Contribution-Based Business Distribution and Equitable Interest on Installment Awards: Atkins v Atkins Court: Appellate Division of the Supreme Court of New York, Third Department Citation: 2026 NY...

Brew v Brew: Impervious-Surface Runoff Can Raise a Triable Issue of Artificial Diversion Without Evidence of Regrading

Date: Oct 24, 2026

Impervious-Surface Runoff Can Raise a Triable Issue of Artificial Diversion Without Evidence of Regrading Brew v Brew, 2026 NY Slip Op 06187 Appellate Division, Third Department, October 22, 2026...

Inconsistent Findings on Factually Identical Design Claims Require a New Trial

Date: Oct 24, 2026

Inconsistent Findings on Factually Identical Design Claims Require a New Trial Case: Janof v Auto Warehouse, 2026 NY Slip Op 06189 Court: Appellate Division, Third Department, Supreme Court of New...

Presumptive Public Access to Attorney Grievance Dispositions Does Not Extend to Investigative Files

Date: Oct 24, 2026

Presumptive Public Access to Attorney Grievance Dispositions Does Not Extend to Investigative Files Case: Matter of Campaign for Accountability (Sarcone-Attorney Grievance Comm. for the Third Jud....

Cannabis Licensing: Voiding an Application for a Late, Redundant Disclosure Can Be Arbitrary and Capricious

Date: Oct 24, 2026

Cannabis Licensing: Voiding an Application for a Late, Redundant Disclosure Can Be Arbitrary and Capricious Case: Matter of Griffon Green, LLC v New York State Cannabis Control Bd., 2026 NY Slip Op...

Adoption Moots Dispositional Review, but Not a Challenge to Permanent Neglect

Date: Oct 24, 2026

Adoption Moots Dispositional Review, but Not a Challenge to Permanent Neglect Matter of Matthew R. (Jaqueline R.), 2026 NY Slip Op 06180 Appellate Division, Third Department — October 22, 2026 The...

People v Brown: Circumstantial Identification and the Limits of Review of Unpreserved Juror-Anonymity Claims

Date: Oct 24, 2026

Circumstantial Identification Can Sustain Convictions; Unpreserved Juror-Anonymity Claims Require a Separate Basis for Discretionary Relief People v Brown, 2026 NY Slip Op 06170 Appellate Division,...

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules

Date: Oct 24, 2026

Officer Testimony May Establish a Prison Shank as Dangerous Contraband Without Written Prison Rules Case: People v Morrishaw, 2026 NY Slip Op 06173 Court: Appellate Division, Third Department...

People v Winston: Strategic Defense Choices and Disproportionate Sentencing

Date: Oct 24, 2026

People v Winston: Strategic Defense Choices Can Provide Meaningful Representation, but Sentencing Disparities Require Independent Review Case: People v Winston, 2026 NY Slip Op 06174 Court: Appellate...

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment

Date: Oct 24, 2026

Conflicting Boundary Surveys and Intrusive Backyard Surveillance Can Preclude Summary Judgment Case: Riley v Daly, 2026 NY Slip Op 06178 Court: Appellate Division, Third Department, Supreme Court of...

Approval-Conditioned Settlements: Malpractice Accrues When Judicial Approval Makes the Adverse Resolution Binding

Date: Oct 24, 2026

Approval-Conditioned Settlements: Malpractice Accrues When Judicial Approval Makes the Adverse Resolution Binding Case: Morgan & Pottinger, P.S.C. v. Millers Lane Center, LLC, a Kentucky Limited...

Cepero Review: Material Historical Errors, Not Medical Disagreement, Determine Evidentiary Sufficiency

Date: Oct 24, 2026

Cepero Review: Material Historical Errors, Not Medical Disagreement, Determine Evidentiary Sufficiency Case: Scott Waste Service v. Joshua Eaton Court: Supreme Court of Kentucky Decision: October 22,...

Supported Credibility Findings Defeat Jailhouse-Recantation Claims in Capital Postconviction Review

Date: Oct 24, 2026

Supported Credibility Findings Defeat Jailhouse-Recantation Claims in Capital Postconviction Review Case: Richard Wallace Rhodes v. State of Florida, No. SC2024-1099, Supreme Court of Florida....

Florida’s Property-Insurance Presuit Notice Requirement Does Not Apply Retroactively to Earlier-Issued Policies

Date: Oct 24, 2026

Florida’s Property-Insurance Presuit Notice Requirement Does Not Apply Retroactively to Earlier-Issued Policies Case: Universal Property & Casualty Insurance Company v. Rebecca Hughes Court: Supreme...