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

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense

Date: Oct 16, 2025
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act Resentencings: Non‑Covered Offenses May Be Reduced Only If Interdependent with a Covered Offense Introduction In United States v....
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense

Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense

Date: Oct 16, 2025
Sixth Circuit Adopts Sentencing‑Package Doctrine for First Step Act § 404: Non‑Covered Counts May Be Reduced Only If Interdependent With a Covered Offense Introduction In United States v. John Gordon...
Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker

Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker

Date: Oct 16, 2025
Dangerousness, Not Youth or Time Served: Sixth Circuit Applies Williams to Reject As-Applied § 922(g)(1) Challenge and Affirms Upward Variance in United States v. Tucker Court: United States Court of...
Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search

Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search

Date: Oct 16, 2025
Plain View Through a One‑Inch Curtain Gap: Tenth Circuit Rules Motel Exterior Walkways Are Not Curtilage and Unaided Peering Is Not a Search Case: United States v. Watkins, No. 23-6210 (10th Cir....
Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests

Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests

Date: Oct 16, 2025
Independent Decisionmaker Doctrine Refined: Eleventh Circuit Clarifies § 1983 Causation When Police Issue Trespass Warnings and Make Arrests Introduction In Olivia Coley-Pearson v. Emily Misty...
Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago

Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago

Date: Oct 16, 2025
Any Overlap Triggers the Single-Refiling Bar: Seventh Circuit Affirms Strict Application of Illinois’s Savings Statute in Singer v. City of Chicago Introduction In Brian S. Singer v. City of Chicago,...
Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice Inquiry

Date: Oct 16, 2025
Humphreys v. Emmons: A Blueprint for an “Extreme Juror Misconduct” Exception to the No‑Impeachment Rule and a Clarification that AEDPA Deference Does Not Govern the Federal Cause‑and‑Prejudice...
Mandating Separate Judgments and Strict Rule 41(b) Enforcement: DS Corporation v. Long Feng Corporation (2025 MP 8)

Mandating Separate Judgments and Strict Rule 41(b) Enforcement: DS Corporation v. Long Feng Corporation (2025 MP 8)

Date: Oct 16, 2025
Mandating Separate Judgments and Strict Rule 41(b) Enforcement: DS Corporation v. Long Feng Corporation (2025 MP 8) Introduction In DS Corporation v. Long Feng Corporation, 2025 MP 8 (NMI Oct. 14,...
No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

Date: Oct 16, 2025
No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act Commentary on State ex rel. Castellon v. Maloney, Slip Opinion No. 2025-Ohio-4687 (Supreme...
Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Date: Oct 16, 2025
Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof...
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review

No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review

Date: Oct 16, 2025
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review Note: This is a memorandum opinion designated noncitable under...
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust

Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust

Date: Oct 16, 2025
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust Introduction In Matter of the...
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied

State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied

Date: Oct 16, 2025
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied Introduction In State v. E. Ramirez, 2025 MT 232, the Supreme Court of Montana affirmed the...
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges

Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges

Date: Oct 16, 2025
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges Introduction In State v. Wolfchild, 2025 MT 234N, the...
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims

Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims

Date: Oct 16, 2025
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims Introduction In Stone v. City of Livingston,...
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs

Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs

Date: Oct 16, 2025
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs...
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

Date: Oct 16, 2025
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8 Introduction In Commonwealth v. Coles, E., Aplt., the...
Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Date: Oct 16, 2025
Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (W. Va. Oct. 14, 2025) — Supreme Court of Appeals of West...
Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Date: Oct 16, 2025
Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025) Introduction In...
Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B)

Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B)

Date: Oct 16, 2025
Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B) Introduction In Ashley Denson ex rel. Bobbie J. Denson v. Methodist...
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