Rule 60(b) Is Not a Second Appeal: Clear-and-Convincing Proof Required for Fraud, and Procedural Defaults Bar Relitigation Introduction Case: James Jerome, Jr. v. Kerry Raheb and Renee Houston (Vt....
Reaffirming Deferential Review and Harmless-Error Principles in Vermont Divorce Property-Division Appeals Precedential status. The court issued an Entry Order by a three-justice panel. As the order...
Remand Required When Trial Courts Fail to Make Clear Findings on “Monitoring” or “Surveillance” Under Vermont’s Civil Stalking Statute Melanie MacEachern v. Kurtis Mellett (Vt. Sup. Ct., May 8, 2026)...
Unprocessed Poppy Seeds as CSA “Material”: Knowingly Supplying Seeds for Poppy-Seed-Tea Extraction Triggers § 843(a)(6)–(7) Liability Case: United States v. McCarthy (10th Cir. May 6, 2026) Court:...
First Circuit: Receipt-and-Possession Child Pornography Convictions Violate Double Jeopardy Absent a Record of Distinct Conduct I. Introduction In United States v. Ortiz-Colón (1st Cir. May 6, 2026),...
Discriminatory Wine Retail Shipping and Personal Import Caps Must Stand (or Fall) Under Tennessee Wine—Not as “Essential” Three-Tier Features Case: Derek Block v. James Canepa (captioned parties...
Due Process Hearing Rights and Statutory Findings Required in Parenting Plan Modifications Under W. Va. Code § 48-9-401 Introduction In In re H.L. (No. 25-345, W. Va. Sup. Ct. App. May 6, 2026),...
Diahn v. Blanche: Fourth Circuit Requires Immigration Judges to Actively Develop the Record and Provide Clear, Practical Notice for Pro Se Detained Respondents I. Introduction Trokon Diahn v. Todd...
Diahn v. Blanche: Immigration Judges Must Actively Develop the Record for Pro Se, Detained Respondents—Including Clear Guidance on Corroboration, Witnesses, and Where/When to File Evidence 1....
Diahn v. Blanche: Expanded Statutory Duty of Immigration Judges to Develop the Record for Pro Se, Detained Respondents—Including Clear Notice on Evidence Submission and Witness Procedures I....
Equitable Partition of Personal Property in Wyoming & District Court Jurisdiction over Partition Actions I. Introduction In Richard Q. Navarro v. Antonio Oros-Garcia, 2026 WY 52, the Wyoming Supreme...
State v. Shank: No Lesser-Included Third-Degree Assault Charge When Vehicle Use Satisfies ABHAN “Means Likely” Prong and Only General Intent (Recklessness) Is Required I. Introduction State v. Samir...
FOIA Exemption 5 Protects PTAB Draft Decisions Circulated to Nonpanel Judges; No “Government Misconduct” Exception Introduction In Josh Malone v. United States Patent & Trademark Office (4th Cir. May...
Eleventh Circuit: § 1225(b)(2)(A) No‑Bond Detention Applies Only to Aliens “Seeking Admission,” Not Unadmitted Aliens Found in the Interior 1. Introduction Fidencio Hernandez Alvarez and Ismael Cerro...
Compliance Is Not Correction: Minimization of Intra-Sibling Sexual Abuse and Unsafe Adult Associations Justify Termination of Custodial Rights 1. Introduction In re E.L., T.D., and W.D. is a Supreme...
Wild Timberland Logging Roads Carry a Presumption of Permissive Use; Episodic Construction Access Does Not Ripen into Prescription Without Notice of Hostility I. Introduction Spirit Lake Cabins, LLC...
Overwhelming Evidence Defeats Strickland Prejudice in Postconviction Claims Attacking Self-Defense Instructions Introduction In Fenstermaker v. State, 2026 UT 12, the Utah Supreme Court reviewed a...
Family Court Discretion to Decline a Lincoln Hearing Where Testimony May Negatively Impact the Child Introduction In Matter of Cullen NN. v Patrice OO. (2026 NY Slip Op 02900 [3d Dept May 7, 2026]),...
State v. Hernandez (2026 ND 95): Future-Tense, Post-Refusal Lawyer References Do Not Trigger Baillie’s Chemical-Test Counsel Opportunity Court: Supreme Court of North Dakota Date: May 7, 2026...
“Receipt” Means Actual Receipt: Ten-Day Response Periods in GWA Adverse Actions Run from Delivery, Not Mailing I. Introduction In Guam Waterworks Authority v. Civil Service Commission, and Joey A....