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eighth-circuit-rules-oklahoma&amp Case Commentaries

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act: State ex rel. Castellon v. Maloney

Date: Oct 16, 2025
No duty to convert or supply proprietary software for cellphone extractions under Ohio’s Public Records Act Commentary on State ex rel. Castellon v. Maloney, Slip Opinion No. 2025-Ohio-4687 (Supreme...
Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof

Date: Oct 16, 2025
Snodgrass v. Trumbull Corr. Inst.: Conclusory Affidavits Cannot Sustain Law‑Enforcement or Security Exemptions—Prison Device and Disciplinary Records Are Disclosable Absent Specific Proof...
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review

No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review

Date: Oct 16, 2025
No Stalking Required: Assault-Based Orders of Protection and Deference to Trial Courts Under Montana’s Abuse-of-Discretion Review Note: This is a memorandum opinion designated noncitable under...
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust

Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust

Date: Oct 16, 2025
Employment-Based Trustee Conflicts Presumed and Beneficiary Access to Partner Financials: The Montana Supreme Court’s Framework in Matter of the Potter Exemption Trust Introduction In Matter of the...
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied

State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied

Date: Oct 16, 2025
State v. Ramirez: When “Mere Presence” and Accomplice-Caution Jury Instructions Are Properly Denied Introduction In State v. E. Ramirez, 2025 MT 232, the Supreme Court of Montana affirmed the...
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges

Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges

Date: Oct 16, 2025
Single-Count Charging of Felony Theft by Common Scheme Permissible; Rowe Distinguished and Limited to Non-Cognizable “Common Scheme” Charges Introduction In State v. Wolfchild, 2025 MT 234N, the...
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims

Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims

Date: Oct 16, 2025
Nonprecedential Reaffirmation: Absolute Prosecutorial Immunity and Monell’s Policy-or-Custom Requirement Bar Malicious Prosecution and False Arrest Claims Introduction In Stone v. City of Livingston,...
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs

Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs

Date: Oct 16, 2025
Nonprecedential Clarifications on Civil Protective Orders: Counterman’s Criminal Mens Rea Is Inapplicable; Electronic, Sexualized Emails Can Constitute a “Course of Conduct” for Montana Stalking OOPs...
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8

Date: Oct 16, 2025
No Precedent Set: Justice Wecht’s Dissent Urges Individualized Suspicion for Flight Plus Proximity to Marijuana Under Article I, Section 8 Introduction In Commonwealth v. Coles, E., Aplt., the...
Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody

Date: Oct 16, 2025
Rule 26(a) Stipulations as Sufficient Basis for Adjudication When Children Are in the Parent’s Custody Case: In re K.M. and L.M., No. 24-679 (W. Va. Oct. 14, 2025) — Supreme Court of Appeals of West...
Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025)

Date: Oct 16, 2025
Relapse and Non‑Engagement After Extended Improvement Periods Satisfy “No Reasonable Likelihood” Standard Under W. Va. Code § 49‑4‑604: Commentary on In re K.M. and L.M. (W. Va. 2025) Introduction In...
Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B)

Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B)

Date: Oct 16, 2025
Representative, Not Minor Beneficiaries, Is the “Claimant Authorizing the Notice” under Tenn. Code Ann. § 29-26-121(a)(2)(B) Introduction In Ashley Denson ex rel. Bobbie J. Denson v. Methodist...
Plain Meaning over Liberal Construction: Tennessee Supreme Court Defines “Unexpected” in Municipal PTSD Pension Policies and Clarifies UAPA Review of Non‑Contested Civil Service Decisions

Plain Meaning over Liberal Construction: Tennessee Supreme Court Defines “Unexpected” in Municipal PTSD Pension Policies and Clarifies UAPA Review of Non‑Contested Civil Service Decisions

Date: Oct 16, 2025
Plain Meaning over Liberal Construction: “Unexpected” Means Not Anticipated Within the Normal Course of Duties; UAPA Judicial Review Applies Even When the Administrative Hearing Is Not a Contested...
People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest

People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest

Date: Oct 16, 2025
People v. James: In Bench Trials, Improper 404(b) Other‑Acts Evidence Is Not Harmless When the Factfinder Relies on It to Resolve a One‑on‑One Credibility Contest Court: Supreme Court of Michigan...
Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants

Date: Oct 16, 2025
Relabeling Benefits as “Equity” Won’t Save a § 502(a)(3) Claim; § 105(a) Statements Need Not Include Vesting Date for Terminated Participants Court: United States Court of Appeals for the Third...
Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens

Date: Oct 16, 2025
Adequacy of Foreign Forums After OSR v. REE: Uncertainty Over Extraterritorial Injunctions and Witness Self‑Incrimination Does Not Defeat Forum Non Conveniens Introduction This commentary analyzes...
Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected

Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected

Date: Oct 16, 2025
Tenth Circuit clarifies: No immediate appeal from a magistrate judge’s denial of IFP service pending § 1915(e)(2) screening; collateral-order, § 1292, and access-to-courts theories rejected...
Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal

Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal

Date: Oct 16, 2025
Drug Identity Is Not an Element of N.J. Stat. § 2C:35-5(b)(1): Second Circuit Bars the Modified Categorical Approach in Aggravated-Felony Removal Case: Amaro Luna v. Bondi, No. 22-6399 (2d Cir. Oct....
Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025)

Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025)

Date: Oct 16, 2025
Harmless-Error Controls § 1324 “Reckless Disregard” Instruction Disputes: United States v. Adames-Ramos (2d Cir. 2025) Note: This is a Second Circuit Summary Order. Under FRAP 32.1 and Local Rule...
Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects

Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects

Date: Oct 16, 2025
Eleventh Circuit Clarifies § 1927 Sanctions: Fees Must Be Tied to Excess Proceedings Caused by Bad-Faith Discovery Conduct—not Pleading Defects Introduction This commentary analyzes the Eleventh...
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