establishing-personal-jurisdiction-requires-targeted-activities Case Commentaries

Termination Cannot Stand for a Newly Added Child Without a Separate Adjudication and Child-Specific Findings

Date: Jun 3, 2026

Termination Cannot Stand for a Newly Added Child Without a Separate Adjudication and Child-Specific Findings Introduction In re D.B., A.B., and L.B. (W. Va. June 1, 2026) arises from a Jefferson...

Appellate Waiver in DVPO Appeals: Failure to Provide a Complete Appendix and Rule-Compliant Briefing Requires Affirmance

Date: Jun 3, 2026

Appellate Waiver in DVPO Appeals: Failure to Provide a Complete Appendix and Rule‑Compliant Briefing Requires Affirmance Case: Anthony H. v. Matthew S. Court: Supreme Court of Appeals of West...

Rule 35(b) Sentence-Reduction Motions: No Hearing Required When the Record Provides an Adequate Factual Basis

Date: Jun 3, 2026

Rule 35(b) Sentence-Reduction Motions: No Hearing Required When the Record Provides an Adequate Factual Basis Introduction In State of West Virginia v. Joseph Stephens Sr. (No. 24-222), the Supreme...

“Medical History” in W. Va. Code § 48-22-401 Includes Behavioral and Psychological History, Defeating Qualified Immunity for Non-Discretionary Adoption Disclosures

Date: Jun 3, 2026

“Medical History” in W. Va. Code § 48-22-401 Includes Behavioral and Psychological History, Defeating Qualified Immunity for Non-Discretionary Adoption Disclosures 1. Introduction In West Virginia...

Mandatory Injunction to Remove Obstructions Impairing the Natural Flow of a Watercourse Requires Rule 52 Findings and Rule 65 Specificity

Date: Jun 3, 2026

Mandatory Injunction to Remove Obstructions Impairing the Natural Flow of a Watercourse Requires Rule 52 Findings and Rule 65 Specificity Case: Lisa Reilley-Koontz v. The Board of Education of the...

Indictments Must Plead the Subsection: Essential Elements Required Before a Jury May Be Instructed on an Alternate Theory of First-Degree Sexual Abuse

Date: Jun 3, 2026

Indictments Must Plead the Subsection: Essential Elements Required Before a Jury May Be Instructed on an Alternate Theory of First-Degree Sexual Abuse I. Introduction In State of West Virginia v....

Victim Text Messages Admissible Under Rule 807 and Escalating Domestic-Violence Pattern Treated as Intrinsic Evidence in Homicide Trials

Date: Jun 3, 2026

Victim Text Messages Admissible Under Rule 807 and Escalating Domestic-Violence Pattern Treated as Intrinsic Evidence in Homicide Trials Introduction In State of West Virginia v. Rida Shahid...

Delayed Pre‑Sentence Guilty‑Plea Withdrawal Requires a Strong “Fair and Just Reason,” Especially When Grounds Were Known at the Plea

Date: Jun 3, 2026

Delayed Pre‑Sentence Guilty‑Plea Withdrawal Requires a Strong “Fair and Just Reason,” Especially When Grounds Were Known at the Plea 1. Introduction In State of West Virginia v. Donald Workman (W....

State v. Cherry (2026 N.H. 22): Firearms as “Tools of the Drug Trade” Require a Case-Specific Nexus; Joinder’s “Best Interests of Justice” Must Be Charge-Specific

Date: Jun 3, 2026

State v. Cherry (2026 N.H. 22): Firearms as “Tools of the Drug Trade” Require a Case-Specific Nexus; Joinder’s “Best Interests of Justice” Must Be Charge-Specific 1. Introduction In State v. Cherry,...

Mandatory County-Jail Detention at Age Eighteen for Direct-File Detainees Under § 19-2.5-305(4)(g)

Date: Jun 3, 2026

Mandatory County-Jail Detention at Age Eighteen for Direct-File Detainees Under § 19-2.5-305(4)(g) Case: In re: People v. Lawrence, Issac Citation: 2026 CO 39 (Colo. June 1, 2026) Court: Colorado...

People v. Baker: Furtive Movements + Recent POWPO Arrest Justify Protective Sweep; Gun Discovery Supplies Automobile-Exception Probable Cause

Date: Jun 3, 2026

People v. Baker (2026 CO 41): Furtive Movements and a Recent POWPO Arrest Support a Vehicle Protective Sweep; Gun Discovery Establishes Automobile-Exception Probable Cause Court: Colorado Supreme...

UM Insurer Participation Requires Specific, Timely Pleading of Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake

Date: Jun 3, 2026

UM Insurer Participation Requires Specific, Timely Pleading of Legitimate Defenses; C.R.C.P. 9(b) Applies Only to Fraud or Mistake Case: Progressive Direct Ins. v. Ortiz, Andrew, 2026 CO 40 (Colo....

Colorado Habeas Petitions Are Exempt from Inmate Civil-Action Filing-Fee Restrictions Under § 13-17.5-103

Date: Jun 3, 2026

Colorado Habeas Petitions Are Exempt from Inmate Civil-Action Filing-Fee Restrictions Under § 13-17.5-103 I. Introduction In Gottorff, David v. Lengerich, Jason, 2026 CO 37, the Colorado Supreme...

Post-Appeal Rule 60(a) Amendments Are Nullities Absent Appellate Leave; Ministerial Omissions Do Not Defeat Finality

Date: Jun 3, 2026

Post-Appeal Rule 60(a) Amendments Are Nullities Absent Appellate Leave; Ministerial Omissions Do Not Defeat Finality Case: United States v. Davison (10th Cir. June 2, 2026) (Order and Judgment;...

Actual-Innocence Gateway Requires “Newly Presented” Evidence—Trial-Evidence Excerpts (e.g., Screenshots) Do Not Excuse AEDPA Untimeliness

Date: Jun 3, 2026

Actual-Innocence Gateway Requires “Newly Presented” Evidence—Trial-Evidence Excerpts (e.g., Screenshots) Do Not Excuse AEDPA Untimeliness Introduction Johnson v. Rankins (10th Cir. June 2, 2026) is...

United States v. Bailey: Mootness of Early-Termination Appeals After Revocation or Expiration of Supervised Release

Date: Jun 3, 2026

United States v. Bailey: Mootness of Early-Termination Appeals After Revocation or Expiration of Supervised Release 1. Introduction In United States v. Bailey (10th Cir. June 2, 2026), the Tenth...

Procedural Revocation-Sentencing Challenges Are Waived Without a Plain-Error Argument; General Advocacy for a Shorter Term Preserves Substantive Review

Date: Jun 3, 2026

Procedural Revocation-Sentencing Challenges Are Waived Without a Plain-Error Argument; General Advocacy for a Shorter Term Preserves Substantive Review I. Introduction United States v. Sletten (10th...

Unconditional Guilty Pleas Waive Grand-Jury Misconduct Claims and Unpreserved Procedural Sentencing Errors in the First Circuit (United States v. Maldonado)

Date: Jun 3, 2026

Unconditional Guilty Pleas Waive Grand-Jury Misconduct Claims and Unpreserved Procedural Sentencing Errors in the First Circuit Case: United States v. Maldonado (1st Cir. June 2, 2026) Court: United...

Texas Home-Equity Loan Forfeiture Is Limited to Breaches of Article XVI, Section 50(a)(6) Constitutional Obligations

Date: Jun 3, 2026

Texas Home-Equity Loan Forfeiture Is Limited to Breaches of Article XVI, Section 50(a)(6) Constitutional Obligations I. Introduction Janice C. Staub and Parker D. Young v. BBVA USA is a Texas...

Mandatory County-Jail Detention at Age 18 for Direct-Filed Juvenile Defendants Under § 19-2.5-305(4)(g)

Date: Jun 3, 2026

Mandatory County-Jail Detention at Age 18 for Direct-Filed Juvenile Defendants Under § 19-2.5-305(4)(g) 1. Introduction People v. Lawrence, 2026 CO 39 is an original proceeding under C.A.R. 21 in...