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

Nonparty Appellate Standing Requires Injury and Own-Right Assertion in Receivership-Related Orders

Date: May 19, 2026

Nonparty Appellate Standing Requires Injury and Own-Right Assertion in Receivership-Related Orders Introduction Universitas Education, LLC continues efforts to collect proceeds from life-insurance...

Tafolla v. Rogers: COA Denied Where Petitioner Waives Procedural-Default Challenges and Fails to Show Unreasonable Chapman Harmlessness Under AEDPA

Date: May 19, 2026

Tafolla v. Rogers: COA Denied Where Petitioner Waives Procedural-Default Challenges and Fails to Show Unreasonable Chapman Harmlessness Under AEDPA Introduction In Tafolla v. Rogers (10th Cir. May...

Written Voluntary Relinquishment as Binding Judicial Admission of Permanence Absent Proof of Fraud or Duress

Date: May 19, 2026

Written Voluntary Relinquishment as Binding Judicial Admission of Permanence Absent Proof of Fraud or Duress Introduction In re A.A., G.C., K.C.-1, K.C.-2, and P.C. (Supreme Court of Appeals of West...

Strict Rule 35 Colloquy as a Due-Process Prerequisite to Valid Parental Relinquishment in Abuse-and-Neglect Cases

Date: May 19, 2026

Strict Rule 35 Colloquy as a Due-Process Prerequisite to Valid Parental Relinquishment in Abuse-and-Neglect Cases Introduction This commentary addresses Justice Titus’s dissent (joined by Chief...

Independent, Case-Specific “Reasonable Efforts” Findings Are Mandatory—Boilerplate Orders Cannot Support Termination

Date: May 19, 2026

Independent, Case-Specific “Reasonable Efforts” Findings Are Mandatory—Boilerplate Orders Cannot Support Termination Case: In re K.S. (Justice Ewing, concurring) | Court: Supreme Court of West...

Foster Parents Must Timely Appeal Denial of Intervention; Non‑Intervenors Lack Standing to Challenge Permanency in Abuse-and-Neglect Cases

Date: May 19, 2026

Foster Parents Must Timely Appeal Denial of Intervention; Non‑Intervenors Lack Standing to Challenge Permanency in Abuse-and-Neglect Cases Introduction In re O.D., No. 24-712 (Mason County...

Differential Dispositions for Sibling Groups: Age/Vulnerability and Treatment History Justify Denial of an Improvement Period and Termination

Date: May 19, 2026

Differential Dispositions for Sibling Groups: Age/Vulnerability and Treatment History Justify Denial of an Improvement Period and Termination 1. Introduction Case: In re L.H., D.H., S.H.-1, and M.H.,...

Interlocutory Review Requires an Express (or Effectively Deferred) Immunity Ruling; Untimely/Successive Rule 12 Motions Do Not Create Appellate Jurisdiction

Date: May 19, 2026

Interlocutory Review Requires an Express (or Effectively Deferred) Immunity Ruling; Untimely/Successive Rule 12 Motions Do Not Create Appellate Jurisdiction 1. Introduction In Logan County Board of...

State of West Virginia v. Frymyer — Post-Verdict Hearing Must Permit Juror Testimony on Alleged False Voir Dire Answers; Rule 606(b) Does Not Bar Bias Inquiry

Date: May 19, 2026

Post-Verdict Hearing Must Permit Juror Testimony on Alleged False Voir Dire Answers; Rule 606(b) Does Not Bar Bias Inquiry Case: State of West Virginia v. Tina Marie Frymyer Court: Supreme Court of...

Reasonable Diligence in Voir Dire as a Prerequisite to Post-Verdict Juror Examination

Date: May 19, 2026

Reasonable Diligence in Voir Dire as a Prerequisite to Post-Verdict Juror Examination Introduction In State of West Virginia v. Tina Frymyer, No. 23-513 (W. Va. May 15, 2026), Justice Trump (joined...

State v. Buck: RCW 9A.36.150 Is Not an Alternative-Means Crime—“Means” Must Track the Defendant’s Criminal Conduct

Date: May 19, 2026

State v. Buck: RCW 9A.36.150 Is Not an Alternative-Means Crime—“Means” Must Track the Defendant’s Criminal Conduct Court: Supreme Court of Washington (En Banc) Date: May 14, 2026 Case: State v. Buck,...

Private Attorney General Fees Do Not Require Additional Remedial Relief Beyond a Merits Victory (Ralston v. BLNR)

Date: May 19, 2026

Private Attorney General Fees Do Not Require Additional Remedial Relief Beyond a Merits Victory: Fee Eligibility After an Appellate Holding That Due Process Required a Contested Case Hearing Case:...

Rule 6(c) Strictness in Summary Judgment: Unfiled/Unserved Affidavits Cannot Support Judgment

Date: May 19, 2026

Rule 6(c) Strictness in Summary Judgment: Unfiled/Unserved Affidavits Cannot Support Judgment Introduction In American Express National Bank v. Anna Perretta (R.I. May 15, 2026), the Supreme Court of...

No Per Se Piercing of Medical/Therapy Privileges for RSA 135:17-a, V Involuntary-Admission Evaluations; “Standard of Care” Alone Is Not a Compelling Justification

Date: May 19, 2026

No Per Se Piercing of Medical/Therapy Privileges for RSA 135:17-a, V Involuntary-Admission Evaluations; “Standard of Care” Alone Is Not a Compelling Justification 1. Introduction State of New...

Contextual Credibility Standard for “Assertion of Innocence” in Rule 11(d)(2)(B) Guilty-Plea Withdrawal Motions

Date: May 19, 2026

Contextual Credibility Standard for “Assertion of Innocence” in Rule 11(d)(2)(B) Guilty-Plea Withdrawal Motions 1. Introduction In United States v. Ortega-Moreno (10th Cir. May 18, 2026) (unpublished...

United States v. Back: Speculative Prejudice Cannot Defeat a Timely Indictment; Intermediary Assurances Can “Further” a Drug Conspiracy

Date: May 19, 2026

United States v. Back: Speculative Prejudice Cannot Defeat a Timely Indictment; Intermediary Assurances Can “Further” a Drug Conspiracy Court: U.S. Court of Appeals for the Tenth Circuit (May 18,...

Revocation Sentencing Must Be Based on the Revocation Record: Extra-Record Trial Evidence Cannot Supply a Grade A Finding

Date: May 19, 2026

Revocation Sentencing Must Be Based on the Revocation Record: Extra-Record Trial Evidence Cannot Supply a Grade A Finding I. Introduction In United States v. Fernandez-Santos (1st Cir. May 15, 2026),...

Overlapping Evidence May Support a Willful-Blindness Instruction in Money-Laundering Conspiracies, and Guidelines Errors Are Harmless Where the Court Would Impose the Same Sentence

Date: May 19, 2026

Overlapping Evidence May Support a Willful-Blindness Instruction in Money-Laundering Conspiracies, and Guidelines Errors Are Harmless Where the Court Would Impose the Same Sentence Case: United...

Arizona’s Post-2021 Administrative Review Rule: Superior Courts Find Facts Independently, Yet Still Apply Substantial-Evidence Review; Appellate Courts Defer to Superior-Court Factfinding

Date: May 19, 2026

Arizona’s Post-2021 Administrative Review Rule: Superior Courts Find Facts Independently, Yet Still Apply Substantial-Evidence Review; Appellate Courts Defer to Superior-Court Factfinding 1....

Prosecutorial Error Is Objective: No Mental-State Element and Escalante Prong-Three “Profound Distortion” Governs Cumulative-Error Review

Date: May 19, 2026

Prosecutorial Error Is Objective: No Mental-State Element and Escalante Prong-Three “Profound Distortion” Governs Cumulative-Error Review Introduction State of Arizona v. Dimitri Polanco Romero...