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  • Commentaries
  • Judgments

clarifying-the-& Case Commentaries

Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights

Date: May 7, 2025
Failure to Acknowledge Sexual Abuse as Grounds for Termination of Parental Rights Introduction In the matter of In re M.M., H.M., S.M., K.M., and G.M., the Supreme Court of Appeals of West Virginia...
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation

Date: May 7, 2025
In re L.B.-1 and K.B.: Adjudication on Consistent Disclosures and Denial of Improvement Period for Non-Cooperation Introduction In the Supreme Court of Appeals of West Virginia decision In re L.B.-1...
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht: A Commentary on Whitton v. Secretary, Florida DOC

Date: May 7, 2025
“Constructive-Knowledge” under Giglio, Double Deference under AEDPA, and Harmless-Error after Brecht A Comprehensive Commentary on Whitton v. Secretary, Florida Department of Corrections (11th Cir....
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Date: May 7, 2025
Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State Introduction The Supreme Court of Georgia’s decision in Arnold v. State, S25A0263 (May 6, 2025),...
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Date: May 7, 2025
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b) Introduction In Greathouse v. The State (Court of Appeals of Georgia, November 18, 2024), Jody...
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry

Date: May 7, 2025
Objective Reasonableness in Traffic Stops and Consent Searches: United States v. Terry Introduction United States v. John T. Terry (3d Cir. 2025) arises from a routine Pennsylvania Turnpike traffic...
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

Date: May 7, 2025
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct Introduction In In re P.M. (No. 24-215, W. Va. May 6, 2025), the Supreme Court...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Date: May 7, 2025
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Date: May 7, 2025
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin

Date: May 7, 2025
Affirmation of Discretion in Marital Dissolution: In re Marriage of Martin Introduction In the noncitable memorandum decision In re Marriage of Martin (2025 MT 94N), the Supreme Court of Montana...
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims

Date: May 7, 2025
Defining New Bivens Contexts: Waltermeyer v. Hazlewood and the Limits of Eighth Amendment Damages Claims Introduction Waltermeyer v. Hazlewood, decided by the First Circuit on May 6, 2025, addresses...
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

Date: May 7, 2025
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities Introduction This commentary examines the Georgia Supreme Court’s decision in Metz v. State (May 6, 2025), which upholds the...
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined

Date: May 7, 2025
Fourth Circuit Clarifies Noerr-Pennington Immunity for Contested TCPA Suits: Sham Litigation Exception Refined Introduction This case arises from a 2019 suit brought by Navient Solutions, LLC...
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Date: May 7, 2025
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State Introduction The Supreme Court of Georgia’s decision in Carrillo v. State, decided May 6, 2025, reaffirms two...
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

Date: May 7, 2025
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6) Introduction This commentary examines the Supreme Court of West...
“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

Date: May 7, 2025
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Date: May 7, 2025
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts Introduction In Maglana v. Celebrity Cruises Inc., the Eleventh Circuit addressed whether...
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Date: May 7, 2025
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings Introduction In “In re E.V. and J.H.” (No. 24-216, May 6, 2025), the Supreme Court of West...
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Date: May 7, 2025
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2 Introduction In the May 6, 2025 memorandum decision of the Supreme Court of Appeals of...
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

Date: May 7, 2025
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State Introduction Watson v. State, decided by the Supreme Court of Delaware on May 6, 2025, arises from the...
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