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eighth-circuit-rules-oklahoma&amp Case Commentaries

Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Pillco v. 160 Dikeman St., LLC: Second Department Clarifies Admissibility of Mechanism-of-Injury Statements in Medical Records and Rejects a Per Se Requirement of Provider Testimony

Date: Jul 31, 2025
Mechanism-of-Injury Statements in Medical Records Are Admissible When Germane and Attributable to the Patient — No Per Se Requirement of Provider Testimony (Pillco v. 160 Dikeman St., LLC)...
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal

Date: Jul 31, 2025
Failure to Make a Youthful Offender Determination Renders a Post‑Rudolph Sentence “Invalid as a Matter of Law” and Is Correctable via CPL 440.20 Even Without a Direct Appeal Introduction This...
State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case

State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case

Date: Jul 31, 2025
State v. Allore: Professional Standards, Not Patient Consent, Control “Medical Provider” Sexual Assault; Consent Evidence Under “Surprise” Assault Goes Only to the Theory of the Case Introduction In...
Setting the Standard: Abuse-of-Discretion Review for Preliminary Denials Under Minnesota’s 2023 Aiding-and-Abetting Felony-Murder Relief Act

Setting the Standard: Abuse-of-Discretion Review for Preliminary Denials Under Minnesota’s 2023 Aiding-and-Abetting Felony-Murder Relief Act

Date: Jul 31, 2025
Setting the Standard: Abuse-of-Discretion Review for Preliminary Denials Under Minnesota’s 2023 Aiding-and-Abetting Felony-Murder Relief Act Case: State of Minnesota v. Diamond Lee Jamal Griffin...
Minnesota Supreme Court: § 65A.10 Requires Coverage for Code‑Mandated Sheathing to Replace Damaged Shingles; Overhead and Profit Not Automatic

Minnesota Supreme Court: § 65A.10 Requires Coverage for Code‑Mandated Sheathing to Replace Damaged Shingles; Overhead and Profit Not Automatic

Date: Jul 31, 2025
Minnesota Supreme Court: § 65A.10 Requires Coverage for Code‑Mandated Sheathing to Replace Damaged Shingles; Overhead and Profit Not Automatic Introduction In Great Northwest Insurance Company v....
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu

Date: Jul 31, 2025
Volitional Misrepresentation to an Out‑of‑State Court Warrants One‑Year Suspension: The Second Department’s Benchmark in Matter of Yu This commentary analyzes Matter of Yu, 2025 NY Slip Op 04487 (App...
Starting the Clock: Minnesota Supreme Court Clarifies Accrual and Strict Enforcement of the Two‑Year Postconviction Time Bar for “New Interpretation” and “Newly Discovered Evidence” Claims

Starting the Clock: Minnesota Supreme Court Clarifies Accrual and Strict Enforcement of the Two‑Year Postconviction Time Bar for “New Interpretation” and “Newly Discovered Evidence” Claims

Date: Jul 31, 2025
Starting the Clock: Minnesota Supreme Court Clarifies Accrual and Strict Enforcement of the Two‑Year Postconviction Time Bar for “New Interpretation” and “Newly Discovered Evidence” Claims...
Minnesota Supreme Court Adopts Yee Framework and Upholds Minneapolis’s Voucher-Acceptance Ordinance: No Taking Under Minnesota Constitution; MHRA Does Not Preempt Local Anti-Discrimination Measures

Minnesota Supreme Court Adopts Yee Framework and Upholds Minneapolis’s Voucher-Acceptance Ordinance: No Taking Under Minnesota Constitution; MHRA Does Not Preempt Local Anti-Discrimination Measures

Date: Jul 31, 2025
Minnesota Supreme Court Adopts Yee Framework and Upholds Minneapolis’s Voucher-Acceptance Ordinance: No Taking Under Minnesota Constitution; MHRA Does Not Preempt Local Anti-Discrimination Measures...
Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits

Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits

Date: Jul 30, 2025
Individualized Review Required: Second Circuit Affirms First-Amendment Right of Public Access to Sentencing Memoranda and Exhibits Introduction Lee v. Greenwood, No. 23-7432-cr (2d Cir. July 28,...
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement – A Commentary on United States v. Bardakova (2025)

Date: Jul 30, 2025
Clarifying Constructive Flight: The Second Circuit’s Totality-of-the-Circumstances Test for Fugitive Disentitlement Comprehensive Commentary on United States v. Bardakova, 24-2038-cr (2d Cir. 2025)...
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings – Commentary on Michael Miller v. County of Lancaster (3d Cir. 2025)

Date: Jul 30, 2025
Reinforcing Federal Court Discretion Under the Declaratory Judgment Act in the Face of Conclusory Pleadings and Parallel State Proceedings Commentary on Michael Miller v. County of Lancaster, No....
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson

Date: Jul 30, 2025
“Pro Bono Representation as Political Contribution”: The Fifth Circuit Clarifies Pre-Enforcement Standing and Immunity in Institute for Free Speech v. Johnson 1. Introduction The United States Court...
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations

Date: Jul 30, 2025
“The Walton Standard” – Abuse-of-Discretion Review of Self-Representation in Supervised-Release Revocations 1. Introduction United States v. Eric Arthur Walton, No. 23-4314 (4th Cir. Jul. 28, 2025),...
Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Post-Chevron Persuasive Deference & Transient Residency under SORNA: A Commentary on United States v. Jason Kokinda (4th Cir. 2025)

Date: Jul 30, 2025
Post-Chevron Persuasive Deference & Transient Residency under SORNA Comprehensive Commentary on United States v. Jason Kokinda, 4th Cir., 28 July 2025 1. Introduction United States v. Jason Kokinda...
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025)

Date: Jul 30, 2025
Clarifying Risk Allocation in Appeal Waivers after Guideline Amendments – A Commentary on United States v. Tovis Richardson (4th Cir. 2025) 1. Introduction The Fourth Circuit’s published decision in...
Representative-Taxpayer Doctrine and the Tax Injunction Act:  CO2 Committee v. Montezuma County (10th Cir. 2025)

Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025)

Date: Jul 30, 2025
Representative-Taxpayer Doctrine and the Tax Injunction Act: CO2 Committee v. Montezuma County (10th Cir. 2025) 1. Introduction In CO2 Committee, Inc. v. Montezuma County, the United States Court of...
Ross v. Kracht (2025 UT 22) –  Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Ross v. Kracht (2025 UT 22) – Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3)

Date: Jul 30, 2025
Ross v. Kracht (2025 UT 22) Immediate Appealability of District-Court Termination Orders under Utah Code § 78B-6-112(3) 1. Introduction Ross v. Kracht is a landmark decision of the Utah Supreme Court...
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct

United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct

Date: Jul 30, 2025
United States v. Sims: Eleventh Circuit Solidifies “Crime-of-Violence” Status for Georgia Aggravated Assault and Clarifies Loss of Acceptance-of-Responsibility Credits for In-Custody Misconduct...
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