ensuring-indictment-validity:-prosecutor& Case Commentaries

Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice — Commentary on Nathaniel Fort v. State of Arkansas, 2025 Ark. 148

Date: Oct 10, 2025

Unattested State Crime Lab Autopsy Reports: Error, But Harmless Where Cause of Death Is Undisputed and Liability Is as an Accomplice Introduction In Nathaniel Fort v. State of Arkansas, 2025 Ark....

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences

Date: Oct 10, 2025

Proration Compelled: Third Circuit Holds First Step Act’s “for each year” Requires Pro-Rated Good-Conduct Time for Partial-Year Sentences Introduction In a precedential opinion, the U.S. Court of...

No Outsourcing Escape Hatch: Third Circuit Holds States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors

Date: Oct 10, 2025

No Outsourcing Escape Hatch: States Remain Liable Under ADA Title II and the Rehabilitation Act for Prison Services Run by Private Contractors Introduction In a precedential opinion with sweeping...

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables

Date: Oct 10, 2025

Accessible Eviction Notice Required: Third Circuit Revives ADA/§504 Claims and Limits Quasi‑Judicial Immunity for Constables Introduction In William Murphy v. State of Delaware Justices of the Peace,...

Chhim v. City of Houston: Pleading Employment Claims Requires Comparator Facts and Decisionmaker Knowledge; Five-Month Temporal Gap Insufficient for Retaliation, and Unbriefed Issues Are Forfeited

Date: Oct 10, 2025

Chhim v. City of Houston: Pleading Employment Claims Requires Comparator Facts and Decisionmaker Knowledge; Five-Month Temporal Gap Insufficient for Retaliation, and Unbriefed Issues Are Forfeited...

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet

Date: Oct 10, 2025

Rooker-Feldman Does Not Bar Defamation Suits Targeting Opposing Counsel’s Litigation Statements: The Fifth Circuit’s Clarification in English v. Crochet Introduction In English v. Crochet, the U.S....

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and 523(a)(2)(A)

Date: Oct 10, 2025

No Safe Harbor in “Ordinary Business” Spending: Fifth Circuit Remands § 523(a)(6) Collateral-Conversion Claim and Reaffirms Strict Debtor-Favorable Standards Under §§ 727(a)(2)(A), (a)(3), and...

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025)

Date: Oct 10, 2025

No Reasonable Expectation of Privacy for Trespassers in Tents on Posted Public Land: United States v. Parkerson (5th Cir. 2025) Introduction In United States v. Parkerson, the U.S. Court of Appeals...

No Prior Warning Required: Fourth Circuit Affirms Default-for-Discovery Abuse, Post-Default Evidentiary Exclusions, and Net‑Revenue Restitution with “Fencing‑In” Injunction Under the CFPA

Date: Oct 10, 2025

No Prior Warning Required: Fourth Circuit Affirms Default-for-Discovery Abuse, Post-Default Evidentiary Exclusions, and Net‑Revenue Restitution with “Fencing‑In” Injunction Under the CFPA...

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions

Date: Oct 10, 2025

Enforcing Separation Agreements in Alaska: Capacity, Duress, and Unconscionability as Gatekeepers to Unequal Property Divisions Case: Burton Haviland Jr. v. Kimberly Haviland Court: Supreme Court of...

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard

Date: Oct 10, 2025

Active Efforts Under ICWA During Pretrial Incarceration: Relative Placement and Tribal Engagement Can Satisfy the Standard Introduction In Enzo C. v. State, DFCS, OCS, the Alaska Supreme Court...

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3

Date: Oct 10, 2025

Reaffirming Hearing Requirements for Rule 11 Sanctions and Mandatory AS 25.20.115 Findings; Written Orders Control “Shared Physical Custody” Under Rule 90.3 Note: This is a memorandum opinion and...

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025)

Date: Oct 10, 2025

Holistic “Active Efforts” Under ICWA and the Effect of Parental Disappearance: Roger S. v. State of Alaska (Memorandum Opinion, Oct. 8, 2025) Note on precedential status: This is a memorandum opinion...

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date

Date: Oct 10, 2025

Prejudgment Interest Must Be Netted Against Interim Distributions When a Marital Business Is Awarded as of the Separation Date Case: Ryan A. Johnston v. Tiffany G. Adkins f/k/a Tiffany G. Johnston;...

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel

Date: Oct 10, 2025

No Civil Contempt Without an Unequivocal Mandate: Clarifying Valuation Orders, Attachments, Joinder, and Appendix Adequacy in Baran v. Mechel Introduction This commentary examines the Appellate...

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage

Date: Oct 10, 2025

Survival Clauses and Post-Reconveyance Closings: Limits on the Merger Doctrine and Voluntary Payment Defense at the CPLR 3211 Stage Introduction In Brooklyn Tabernacle v. Thor 180 Livingston, LLC,...

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York

Date: Oct 10, 2025

Plea in Satisfaction Bars §1983 Fabricated‑Evidence and Malicious Prosecution Claims; CPLR 4401 Judgment After Mistrial Permitted — Dawoodi v. City of New York Introduction This commentary examines...

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc.

Date: Oct 10, 2025

Equipment-Supplying Contractor’s Lack of Site Control Defeats Labor Law § 200 and § 241(6) Claims but Not Common-Law Negligence Under Espinal — DeMarco v. C.A.C. Industries, Inc. Introduction In...

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp.

Date: Oct 10, 2025

Pleading in the Alternative Preserved at the 3211 Stage Absent a Conceded Contract; Veil-Piercing Requires Specific Wrongdoing: Commentary on Jobble, Inc. v. CF Alerts Corp. Court: Appellate Division...

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice

Date: Oct 10, 2025

Kane v. Mount Pleasant: Second Department Broadly Applies CPLR 306-b’s “Interest of Justice” Standard to Excuse Multi‑Year Service Delay Where Defendants Had Immediate Notice and No Prejudice...

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