Limits on Estelle-Based Fifth Amendment Challenges to Unrelated Juvenile Psychological Evaluations; No Ineffective Assistance for Forgoing California § 827 Objection in Nevada Capital Penalty Phase...
No “Substantial Compliance” Under Iowa Code § 147.140 Without a Jurat or the Words “Penalty of Perjury,” and No Untimely Cure Absent § 147.140(4) Case: Teresa Marie Rarick and Richard Dee Rarick v....
Notices of Appeal Filed for Estates by Nonlawyers Are Unauthorized Practice, but Not Automatic Nullities When Counsel Timely Appears 1. Introduction In Patrick Willhoite, individually and as the of...
State v. Reeves (321 Neb. 427): No Structural-Error Reversal Where Allegedly Conflicted Prosecutor Withdraws Pretrial and Unconflicted Special Prosecutor Tries Case I. Introduction Case: State v....
Impossibility-and-No-Prejudice Limits on “Fenced Jobsite” Conditions in Ohio Property Policies 1) Introduction In 3371 Reading, LLC v. Liberty Mutual Group, Inc. (Sixth Cir. May 21, 2026), a property...
Reciprocal Discipline in Nebraska: Probation in Lieu of Suspension for an Inactive Lawyer, with Reinstatement Conditioned on Character-and-Fitness Review Case: State ex rel. Counsel for Dis. v....
Effective-Prohibition Claims Under 47 U.S.C. § 332(c)(7)(B)(i) Must Challenge Siting Rules (“Regulation”), Not a Single Permit Denial Case: T-Mobile South, LLC v. City of Roswell, Georgia (11th Cir....
Speculative “May Have Lived Longer” Testimony Is Insufficient to Prove Workers’ Compensation Death Causation When a Work Injury Delays Cancer Treatment 1. Introduction In Hastreiter v. Foltz...
Iowa: Good-Faith Lease Termination and FED Litigation Do Not Repudiate a Lease or Toll a Tenant’s Renewal-Option Deadline 1. Introduction In MidWestOne Bank, Trustee, Haywood B. Belle Family Trust v....
“Shifted Science” DNA Reinterpretation Does Not, Without Trial-Stage Materiality, Excuse Procedural Default of Brady/Napue Claims on Federal Habeas 1. Introduction Case: Herod v. Guerrero, No....
Virginia Mineral Lands Taxation: A Code § 58.1-3712 License Tax Does Not Displace Code § 58.1-3286(1) Assessment of Lands “Improved and Under Development” (Including Gas Reserves) I. Introduction In...
Tennessee’s “Compelling Interest” Standard for Sealing First-Amendment-Protected Judicial Records (as Applied to Rule 10B Disqualification Motions) Commentary on State of Tennessee v. Randall C....
Compelling-Interest, Written-Order, Narrow-Tailoring Requirements for Sealing Rule 10B Disqualification Filings; Rule 10 Review Available to Media Intervenors Case: State of Tennessee v. Randall C....
Title III “Tainted Property” Rule: Trafficking Liability Attaches to Use of Confiscated Physical Property Even When the Plaintiff’s Interest Was Time-Limited 1. Introduction Havana Docks Corp. v....
No Supreme Court Rule on Aggregating Multiple IQ Scores Under Atkins (Certiorari Dismissed as Improvidently Granted) Case: Hamm v. Smith, 608 U. S. ____ (2026) (per curiam) Court / Date: U.S. Supreme...
ERISA Withdrawal Liability: Actuarial Assumptions Need Not Be Adopted by the Measurement Date 1. Introduction M & K Employee Solutions, LLC, et al. v. Trustees of the IAM National Pension Fund (608...
§ 43-286 Procedures Are Triggered Only by a Motion to Revoke/Change Disposition; Denial of Sealing May Be Resolved Through § 43-2,108.03 Postdeprivation Process Case: In re Interest of Mechi J., 321...
Wrongful-Death Accrual for Missing Patients: Limitations Period Begins at Judicial Declaration of Presumed Death I. Introduction In Kindle Schneider, as temporary administrator for the Estate of...
Harassment Without Initiation: Purposeful “Personal Contact” Includes Choosing to Continue a Proximity Encounter, and § 664A.5 No-Contact Orders Require No Additional Findings Beyond a Qualifying...
Iowa Reaffirms Harmless-Error Review for Jury Instructions that Omit or Mischaracterize an Element (No Automatic Reversal Under the Iowa Constitution) State of Iowa v. Brian Todd Thompson (Iowa May...