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clarifying-the-& Case Commentaries

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons

Date: Jun 11, 2025
State v. Nolan – Clarifying the “New-Matter” Test for Surrebuttal and Enforcing the One-Year Firearm Enhancement Cap for First-Time Felons Introduction In State v. Nolan, No. S-1-SC-40029 (N.M. June...
State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

State v. Perea – First-Hand Observations by a Confidential Informant as “Substantial Evidence” Under Rule 5-211(E) NMRA

Date: Jun 11, 2025
State v. Perea: Clarifying that a Confidential Informant’s First-Hand Observation Alone May Supply the “Basis-of-Knowledge” Required for Probable Cause—But Is Not a Per Se Rule 1. Introduction Case:...
Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Date: Jun 11, 2025
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Date: Jun 11, 2025
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

No Liberty Interest in Short-Term Restricted Housing & No Private Right of Action under Criminal Statutes – A Comment on Andrews v. Pennsylvania DOC

Date: Jun 11, 2025
No Liberty Interest in Short-Term Restricted Housing and the Futility of Implied Private Rights of Action: Commentary on Daniel Andrews, Sr. v. Pennsylvania Department of Corrections (3d Cir. 2025)...
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025)

Date: Jun 11, 2025
Temporal Reach of Amended U.S.S.G. § 1B1.13 and the “Actual-Time-Served” Threshold – A Commentary on United States v. Rodney Crawley (4th Cir. 2025) Introduction United States v. Rodney Crawley, No....
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants

Date: Jun 11, 2025
United States v. Jackson: Fifth Circuit Clarifies Limits on Sua Sponte “Edwards Competency” Hearings for Self-Represented Defendants Introduction In United States v. Jackson, No. 23-30683 (5th Cir....
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Date: Jun 11, 2025
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty 1. Introduction In Matter of Park (2025 NY Slip Op 03531), the Appellate Division, First...
“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

“The Peck Rule”: When a Third-Party’s State-Law Title Trumps Federal Relation-Back in Criminal Forfeiture

Date: Jun 11, 2025
“The Peck Rule” – A Tenth Circuit Blueprint for Ancillary Proceedings: State-Law Superior Interests Defeat Federal Forfeiture Even Where “Tainted” Funds Enhanced the Property 1. Introduction United...
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Janicki v. Washington Township Board of Education

Date: Jun 11, 2025
Clarifying the Preclusive Effect of State-Confirmed Tenure Arbitration Awards on Subsequent Federal Title VII Claims – A Commentary on Gregory Janicki v. Washington Township Board of Education...
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025)

Date: Jun 11, 2025
Priority of State-Law Ownership over Federal Forfeiture: A Commentary on United States v. Peck (10th Cir. 2025) 1. Introduction In United States v. Peck, the United States Court of Appeals for the...
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Date: Jun 11, 2025
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings 1. Introduction On 10 June 2025 the Connecticut Supreme Court...
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

Date: Jun 11, 2025
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments I. Introduction In Centerpoint...
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing

Date: Jun 11, 2025
Grey v. Alfonso-Royals: Fourth Circuit Confirms that FOIA Exemption 7(E) Shields Law-Enforcement Training Materials Without a “Risk-of-Circumvention” Showing I. Introduction Fabian Grey, a Jamaican...
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards

Date: Jun 11, 2025
Morrow v. Jones: The Fifth Circuit Declares Rule 23(h) Notice a Non-Forfeitable Prerequisite to Attorney-Fee Awards Introduction Morrow v. Jones (United States Court of Appeals for the Fifth Circuit,...
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

Date: Jun 11, 2025
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander Introduction Court: Supreme Court of Connecticut  |  Date: 10 June...
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

Date: Jun 11, 2025
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession Introduction In State v....
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Date: Jun 10, 2025
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters Introduction In the landmark decision Beckwith v. ENI Petroleum U.S., LLC, 2025 AKSC 72,...
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
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