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clarifying-the-&amp Case Commentaries

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Date: Jun 10, 2025
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits Introduction This commentary analyzes the Supreme Court of Arkansas’s decision in Eric...
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Date: Jun 10, 2025
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation Introduction The Supreme Court of Arkansas’s decision in Sarah Sanders et al. v. Arkansas Board of Corrections...
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Date: Jun 10, 2025
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter Introduction State v. Walter is a landmark decision by the Supreme Court of Hawaiʻi, filed June 5, 2025, that clarifies and...
Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Clarifying Ascertainability and Consumer Remedies in “Short‐Change” Class Actions

Date: Jun 10, 2025
Clarifying Ascertainability and Consumer Remedies in “Short-Change” Class Actions Introduction In Bridget McMahon and James Rice v. Chipotle Mexican Grill, Inc., Nos. 24-1883 & 24-2042 (3d Cir. June...
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms

Date: Jun 10, 2025
Clarifying Ascertainability in Rule 23(b)(3) Class Actions: Objective Criteria and Feasible Identification Mechanisms Introduction The Third Circuit’s decision in Bridget McMahon v. Chipotle Mexican...
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se

Date: Jun 10, 2025
Reaffirming the 90-Day Filing Deadline: Limited Equitable Tolling for ADA Actions Filed Pro Se Introduction In Judy Percival v. Kelley Zimmerman, the United States Court of Appeals for the Third...
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson

Date: Jun 10, 2025
Non-Party Immunity from Arbitration Awards: Third Circuit Upholds Permanent Injunction in Trustees v. Patterson Introduction Trustees of the General Assembly of the Church of the Lord Jesus Christ of...
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants

Date: Jun 10, 2025
Clarifying Mitigating Role Adjustments Under USSG §3B1.2: Distinction Between Minor and Minimal Participants Introduction United States v. Ricky Sanchez (3d Cir. 2025) addresses the distinction...
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters

Date: Jun 10, 2025
Qualified Immunity and Defensive Return Fire in Human-Shield Hostage Encounters Introduction This appeal arises from the tragic death of three-month-old La’Mello Parker, who was held by his father as...
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements

Date: Jun 10, 2025
Macias v. Bexar County: Reinforcing Rule 16 Good Cause and Monell Liability Requirements Introduction Macias v. Bexar County is a Fifth Circuit decision issued on June 6, 2025. It arose from the...
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits

Date: Jun 10, 2025
Full Faith and Credit Bars Relitigation of State-Court Defenses in Federal Civil-Rights Suits Introduction Odeh v. Butler is a Fifth Circuit decision clarifying how federal courts must apply...
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims

Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims

Date: Jun 10, 2025
Paz v. Hayden: Failure to Rebut Qualified Immunity Bars §1983 Illegal Search Claims Introduction In Paz v. Hayden, No. 24-20226 (5th Cir. June 6, 2025), Richard Allen Paz sued a group of Texas...
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference

Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference

Date: Jun 10, 2025
Constitutional Scope of § 922(g)(1) for Burglary Convicts & Sentencing Enhancement via Attempted First-Degree Murder Cross-Reference Introduction United States v. Lopez, 24-50182 (5th Cir. June 6,...
Certificate of Appealability Required for Habeas Challenges to Interstate Custody Transfers under 18 U.S.C. § 3623

Certificate of Appealability Required for Habeas Challenges to Interstate Custody Transfers under 18 U.S.C. § 3623

Date: Jun 10, 2025
Certificate of Appealability Required for Habeas Challenges to Interstate Custody Transfers under 18 U.S.C. § 3623 Introduction In Hanson v. Quick, the United States Court of Appeals for the Tenth...
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