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establishing-&amp Case Commentaries

No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings

No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings

Date: Oct 22, 2025
No Waiver Without a Record: Montana Supreme Court Reaffirms and Clarifies § 53‑21‑119(1), MCA, Requirements for Waiver in Involuntary Commitment Proceedings Introduction In Matter of P.G.J., 2025 MT...
No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)

No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)

Date: Oct 22, 2025
No Implied Easements from Settlement Silence: Four‑Corners Enforcement of MOUs, Strict Limits on Easement “Maintenance,” and Fees for Multiplying Proceedings (Schubert v. Toepp, 2025 MT 239)...
State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon

State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon

Date: Oct 22, 2025
State v. Spangler (2025 MT 244N): Nonprecedential Reaffirmation that Single-Witness Testimony Can Sustain Unlawful Restraint; Remand to Correct Judgment to Attempted Assault with a Weapon...
State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element

State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element

Date: Oct 22, 2025
State v. Burrington: Medically Required Functional Restrictions Can Constitute “Protracted Impairment” for Serious Bodily Injury; Self-Defense May Be Asserted While Disputing the Injury Element...
Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction

Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction

Date: Oct 22, 2025
Reaffirming Hinkle: “Reasonable Evidence” Must Show Unconsciousness at the Moment of the Crime to Warrant an Automatism Instruction Introduction In State of West Virginia v. Timothy W. (No. 23-518),...
Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct

Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct

Date: Oct 22, 2025
Ordinance Amendments Can Moot Systemic Challenges; Extraordinary Writs Cannot Compel Discretionary Permit Decisions Absent Arbitrary or Capricious Conduct Introduction In Susan Casdorph v. City of...
Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue

Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue

Date: Oct 22, 2025
Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue Introduction In...
No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice — Gravitt v. State (Ga. 2025)

No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice — Gravitt v. State (Ga. 2025)

Date: Oct 22, 2025
No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice Commentary on Gravitt v. State, Supreme Court of Georgia (Decided Oct. 21,...
Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State

Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State

Date: Oct 22, 2025
Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State Introduction In Momon v. State, the Supreme Court...
Reid v. State: Perceived Rival-Gang Status Can Establish Motive; “Slight” Independent Evidence—Including Surveillance and Gang-Expert Testimony—Suffices to Corroborate Accomplice Testimony

Reid v. State: Perceived Rival-Gang Status Can Establish Motive; “Slight” Independent Evidence—Including Surveillance and Gang-Expert Testimony—Suffices to Corroborate Accomplice Testimony

Date: Oct 22, 2025
Reid v. State: Perceived Rival-Gang Status Can Establish Motive; “Slight” Independent Evidence—Including Surveillance and Gang-Expert Testimony—Suffices to Corroborate Accomplice Testimony...
Smith v. State: Georgia Supreme Court Reaffirms Harmless-Error Review for Minimally Used, Potentially Prejudicial Evidence

Smith v. State: Georgia Supreme Court Reaffirms Harmless-Error Review for Minimally Used, Potentially Prejudicial Evidence

Date: Oct 22, 2025
Smith v. State: Georgia Supreme Court Reaffirms Harmless-Error Review for Minimally Used, Potentially Prejudicial Evidence Introduction In Smith v. State, decided October 21, 2025, the Supreme Court...
Paragraph V(b)(2) Naming Defects Are Non‑Jurisdictional and Curable via OCGA § 9‑11‑21: Tussahaw Reserves, LLC v. Butts County

Paragraph V(b)(2) Naming Defects Are Non‑Jurisdictional and Curable via OCGA § 9‑11‑21: Tussahaw Reserves, LLC v. Butts County

Date: Oct 22, 2025
Paragraph V(b)(2) Naming Defects Are Non‑Jurisdictional and Curable via OCGA § 9‑11‑21: Tussahaw Reserves, LLC v. Butts County Introduction In Tussahaw Reserves, LLC et al. v. Butts County (Supreme...
Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways

Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways

Date: Oct 22, 2025
Ambiguous Surveillance Video and Storewide Spill Evidence at Summary Judgment: Eleventh Circuit Reverses in Van Dorsten v. Wal‑Mart and Clarifies Florida’s § 768.0755 Constructive-Knowledge Pathways...
Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)

Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)

Date: Oct 22, 2025
Generic Objections Don’t Preserve §3553(c)(2) Challenges; Omission of a Written Statement of Reasons Is Plain but Harmless When Oral Reasons Are Clear — United States v. Alexander (11th Cir. 2025)...
Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries

Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries

Date: Oct 22, 2025
Attempted Solicitation Suffices and NPS Jurisdiction Reaches Private Parcels Within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th Cir. Oct. 21, 2025) (per...
No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries

No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries

Date: Oct 22, 2025
No Sale Required, No Private Enclave: Eleventh Circuit Clarifies NPS Solicitation and Interference Rules within Park Boundaries Case: United States v. Rady Williams, Nos. 24-14167 & 24-14168 (11th...
(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co.

Date: Oct 22, 2025
(Nonprecedential) Second Circuit Clarifies That Home Health Care Benefits Require Either a Licensed Agency or a Certified/Licensed Aide: Jackling v. Brighthouse Life Insurance Co. Introduction In an...
Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld

Date: Oct 22, 2025
Express Incorporation of “Standard Conditions 1–12” Satisfies Maiorana; Delegation of Treatment Details and Third‑Party Search Notifications Upheld Introduction In United States v. Randolph, No....
Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis

Date: Oct 22, 2025
Eleventh Circuit Endorses Corps’ Use of Letters of Permission as NEPA Categorical Exclusions—even in a National Seashore—and Declines Size-Based Limits via Ejusdem Generis Introduction In Center for...
Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees

Date: Oct 22, 2025
Eleventh Circuit Clarifies: Misusing the Class‑of‑One Comparator Standard Can Render a Civil Rights Claim “Frivolous,” Justifying § 1988 Defense‑Side Fees Introduction In Hybrid Pharma LLC v. Matthew...
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