Appeal Waivers Narrow “Eligible Defendant” Status Under Post-Conviction Rule 2 to Claims of an “Illegal” Sentence I. Introduction Ortiz v. State of Indiana (Ind. May 19, 2026) addresses when a...
Complaint Naming Only Deceased Defendants Is Void Ab Initio and Cannot Be Cured by Amendment or Substitution (Even in Post-Foreclosure Ejectment) Introduction In Parker v. The Bank of New York Mellon...
Wantonness Requires a Jury Where State of Mind Is Disputed; New Postjudgment Legal Theories Need Not Be Entertained 1. Introduction U.S. Bank Trust National Association, as trustee of the Igloo...
Commercial Landlords May Use Peaceable Lockout Re-Entry for Rent Default (and Plaintiffs Must Identify a Specific Contract and “Wrongful Means” to Prove Interference) 1. Introduction Nolan v. Edison...
Finley v. Turner: Income Averaging Rejected for Support Calculations and Sole Legal Custody Disfavored Where Joint Custody Is Contemplated Case: Finley v. Turner, 2026 NY Slip Op 03147 (2d Dep’t May...
Settlor May Reduce a Beneficiary’s Share to Zero; Recorded Deed and Trustee Conduct Can Bar Later Challenges to Trust Revocation Introduction Matter of Malitz Family Trust v. Angarola (2026 NY Slip...
Geographic Limits in UK Derivative-Action Standing Are Procedural in New York; Forum Non Conveniens Dismissal Must Be Conditioned on UK Refiling Protections Commentary on City of Philadelphia Bd. of...
People v. L.F.: Hearing Required Where CPL 440.10 Motion Plausibly Alleges Trafficking-Victim Causation and Padilla-Based Mandatory-Removal Misadvice Court: Appellate Division, Second Department (New...
RPAPL 1304 Requires Separate 90-Day Notices to Each Borrower; Jointly Addressed Single-Envelope Notice Warrants Dismissal and Supports Renewal After Yapkowitz 1. Introduction Case: HSBC Bank USA,...
Matter of Cantin (2026 NY Slip Op 03162): Misappropriation and Escrow-Accounting Failures Warrant a Two-Year Suspension Despite Substantial Personal Mitigation 1. Introduction Matter of Cantin is an...
Matter of Warner: Aggravated DWI Conviction Triggers Presumptive Public Discipline Absent a Successful Show-Cause Defense 1. Introduction Matter of Warner (App Div, 2d Dept, May 20, 2026) is an...
Time-Barred Addition of a Recorded Owner in Foreclosure Is “Patently Devoid of Merit” and Unexcused Delay Defeats CPLR 3025(b) Leave Case: U.S. Bank N.A. v White, 2026 NY Slip Op 03198 (2d Dept May...
Ex parte Spencer: HFOA Sentencing Discretion Cannot Be Nullified by Pharmacy-Robbery Parole-Ineligibility Language Court: Supreme Court of Alabama Date: May 15, 2026 Case: Ex parte Altonio Spencer...
Unsworn Estate-Removal Petitions Do Not Divest Probate Jurisdiction: Intervening Circuit Orders Are Void and Not Retroactively Cured 1. Introduction Case: Thomas v. Thomas (SC-2025-0804), Supreme...
Wilder v. City of Hoover: Lujan Standing Bars Claims Against a Public Board Absent Causation, and a Board Cannot Displace the Mayor’s Statutory Appointment Power 1. Introduction In Wilder v. The City...
Kansas Rule: A Court Abuses Discretion by Relying on Contested Evidence Without First Ruling on Its Admissibility 1. Introduction Case: State ex rel. Kansas Highway Patrol v. $381,620 in U.S....
18 U.S.C. § 2423(a) Requires “Intent,” Not a “Dominant Purpose”; § 1152 Non‑Indian Status May Be Proven by Unchallenged Family Testimony Introduction Case: United States v. Thompson (Tenth Circuit,...
Apprendi/Alleyne Sentencing Claims Are Not “Illegal Sentence” Errors Cognizable Under Florida Rule 3.800(a) Case: Marcus Roland Maye v. State of Florida, No. SC2023-1184 (Fla. May 14, 2026)...
Jackson Sufficiency Review Includes All Admitted Evidence; Mistrial Motions Must Be Timely and Renewed After Curative Instructions (Shoffner v. State) 1. Introduction In Shoffner v. State (Supreme...
Jackson v. Stevenson (Ga. 2026): Signatories Cannot Use Equitable Estoppel to Force Nonsignatories into Arbitration; Courts Decide Nonsignatory Arbitrability De Novo 1. Introduction In JACKSON v....