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clarifying-the-& Case Commentaries

Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment

Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment

Date: May 31, 2025
Establishing the Temporal Boundaries of Protective Sweeps under the Fourth Amendment Introduction United States v. Antoine Dwayne Riley, decided by the Sixth Circuit on May 30, 2025, addresses a...
Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment

Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment

Date: May 31, 2025
Clarifying the Evidentiary Threshold for Monell §1983 Claims at Summary Judgment 1. Introduction The Sixth Circuit’s decision in Bradford Gifford v. Hamilton County, Tennessee (25-5893, May 30, 2025)...
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto

Date: May 31, 2025
District Court Discretion in Competency Hearings and Waiver of Restitution Challenges Established in United States v. Barreto Introduction United States v. Barreto, 23-6799-cr (2d Cir. May 30, 2025),...
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Date: May 31, 2025
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements Introduction Commonwealth v. Shifflett, G., Aplt. (No. 26 MAP 2024), decided May 30, 2025 by the...
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Date: May 31, 2025
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence Introduction In Fatima E. Belhak and Abdellatif Elfila v. Denice Smith, M.D., and Women's Care...
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation

Date: May 31, 2025
United States v. Peppers: Standards for Constructive Amendment, Hearsay Exception, and Post-Expiration Supervised Release Revocation Introduction In United States v. Peppers, 10th Cir. No. 23-3112 &...
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance

Date: May 31, 2025
Industry Standards and Reasonable Basis in First-Party Claim Denials: El Dueno v. Mid-Century Insurance 1. Introduction The Tenth Circuit’s decision in El Dueno, LLC v. Mid-Century Insurance Company...
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Date: May 31, 2025
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming Introduction This commentary examines the Supreme Court of Wyoming’s...
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Date: May 31, 2025
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail Introduction State v. Trail, 319 Neb. 84 (2025), represents a landmark pronouncement by the Nebraska...
Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect

Date: May 30, 2025
Enforcing Diligence in Civil Litigation: Upholding Dismissal for Want of Prosecution and Rigorous Standards for Excusable Neglect 1. Introduction Terri Griffiths v. Lorin Eggemeyer (7th Cir. May 29,...
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply

Date: May 30, 2025
Triggering of the §1182(h) Waiver Stop-Time Rule Upon Initiation of Proceedings: Niz-Chavez Does Not Apply Introduction Nakia Courtney Hamilton, a Jamaican national and lawful permanent resident of...
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Date: May 30, 2025
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant Introduction In Columbus Bar Assn. v. Bryant (2025-Ohio-1879), the Supreme Court...
Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Date: May 30, 2025
Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy Introduction In In re: Public Records Request to Las Vegas Metro....
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Date: May 30, 2025
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual Introduction In In re: D.O.T. Litigation, the Supreme Court of Nevada considered whether...
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...
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