battery-claims-excluded-under-ftca& Case Commentaries

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

Date: Oct 1, 2025

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically Complex Care

Date: Oct 1, 2025

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically...

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence Reduction

Date: Oct 1, 2025

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence...

Continued Relationship with a Co‑Abusive Partner Can Defeat an Improvement Period and Support Termination Despite Service Compliance

Date: Oct 1, 2025

Continued Relationship with a Co‑Abusive Partner Can Defeat an Improvement Period and Support Termination Despite Service Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va. Sept. 30,...

Reasonable Efforts in Repeat Abuse-Neglect Cases: Prior Services and Targeted Evaluations Can Satisfy DHS’s Obligation When Recurrence Shows Futility — In re D.G. and L.G. (W. Va. 2025)

Date: Oct 1, 2025

Reasonable Efforts in Repeat Abuse-Neglect Cases: Prior Services and Targeted Evaluations Can Satisfy DHS’s Obligation When Recurrence Shows Futility — In re D.G. and L.G. (W. Va. 2025) Introduction...

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025)

Date: Oct 1, 2025

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025) Introduction In In re B.S., No. 24-732 (W. Va....

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified

Date: Oct 1, 2025

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified Introduction...

No Per Se “Interested-Adult Consultation” Rule for Juvenile Miranda Waivers in Connecticut: State v. Cooper (2025)

Date: Oct 1, 2025

No Per Se “Interested-Adult Consultation” Rule for Juvenile Miranda Waivers in Connecticut: State v. Cooper (2025) Introduction In State v. Cooper (Supreme Court of Connecticut, officially released...

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions Introduction In United States v. Vázquez-Rijos, the...

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos...

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....

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