Harmless Error in CAT Review When Likelihood-of-Torture Fails at Myrie Step One 1. Introduction In Rafael Aguilar-Ayala v. Attorney General United States of America (3d Cir. Sept. 4, 2026) (not...
Summary Judgment Reversible Error: District Courts Must Analyze Self-Interested Testimony on Insurable Interest and Explain Their Reasons 1. Introduction Case: Marbury v. United National Insurance...
Termination of Parental Rights: A Loving Bond Does Not Override the Child’s Need for Permanency When Other Best-Interest Factors Favor Termination Introduction Case: In re R.W., Juvenile (C.H.,...
Intervenor Standing Limits: Neighbors Cannot Appeal PUC Exclusion of Municipal Recommendations in § 248a CPG Proceedings I. Introduction Case: In re Petition of Industrial Tower and Wireless LLC...
Post-Judgment Business Setbacks Are Not “Newly Discovered Evidence” Under VR.C.P. 60(b)(2) in Divorce; Attorney’s Fees May Be Awarded for Meritless Relitigation 1. Introduction Case: Alison Beckwith...
De Novo Supreme Court Review of Attorney Sanctions Under Rule 9 § 33.1(d) to Ensure Statewide Uniformity Case: Fred C. Dance v. Board of Professional Responsibility of the Supreme Court of Tennessee...
Tumultuous Conduct Under 13 V.S.A. § 1026a: Loud, Confrontational Door-and-Window Banging Supports Aggravated Disorderly Conduct Introduction In State v. Carl Holcomb, Jr. (Vt. Sept. 4, 2026) (entry...
Independent Traffic Violation and Attenuation Cure an Earlier Unlawful Prolongation; Redundant Records Checks During Ongoing Citation Work Do Not “Prolong” a Stop Case: United States v. Robert...
Mississippi Nonjudicial Foreclosure: Clerk-Signed Courthouse Posting Evidence and No Statutory Duty to Accept Partial Reinstatement Payments Under § 89-1-59 I. Introduction In Snell v. 21st Mortgage...
Sterling v. City of Jackson: No Substantive Due Process Right to Contaminant-Free Municipal Water or Truthful Official Assurances About Water Safety Introduction In Sterling v. City of Jackson (5th...
Home Invasion as a “Dangerousness” Predicate Upholding 18 U.S.C. § 922(g)(1) After Hembree 1. Introduction In United States v. Lewis (5th Cir. Sept. 4, 2026) (per curiam) (unpublished), the Fifth...
Impaired Breathing as “Serious Bodily Injury” Under Vermont’s Aggravated Domestic Assault Statute; No Plain Error in MPC-Style Recklessness Instruction Case: State v. Kisha Parson (Vt. Sup. Ct.,...
Competency Exams Are Not a Sixth Amendment “Critical Stage”: Vermont Recognizes Trial-Court Discretion to Exclude Defense Counsel 1. Introduction State v. Jordan Lawyer (2026 VT 42) is an...
Contested Attorney-Fee Requests Require an Evidentiary Record; Rule 54(d)(2)(D) Cannot Shift the Movant’s Burden 1. Introduction Joan Falcao v. Mitchel Richardson arises from a $16,000 loan...
Perez v. Carusillo: Best-Interest in Connecticut De Facto Parentage Must Center the Child–Petitioner Relationship, Guided by CPA § 46b-475(a), Not Custody Factors or Family Structure 1. Introduction...
State v. Angel A.: Jury Discharged for Polling Purposes Upon Release from Oath and Exposure to Outside Influence; Postverdict Juror “Guilt” Remark Does Not Impugn Unanimity I. Introduction In State...
CPLR 7511 Vacatur for Appearance of Neutral-Arbitrator Partiality: Undisclosed Paid Offer, Ex Parte Contact, and Process “Taint” Require a New Panel 1. Introduction Matter of 57th & 6th Ground LLC v...
People v Key: Appellate Division May Deny a CPL 722.23 “Extraordinary Circumstances” Retention Motion in the Interest of Justice Even Absent Abuse of Discretion I. Introduction In People v Key (2026...
Step-One DVSJA Dismissals Are Not “Orders Denying Resentencing” and Are Not Appealable as of Right 1. Introduction In People v Shawn A. (2026 NY Slip Op 05216), the Appellate Division, Third...
Florida Reaffirms: “New” Expert Reviews Are Not Newly Discovered Evidence; Warrant-Period Speed Is Not a Due-Process Violation Absent Denied Notice/Opportunity I. Introduction In Daniel O. Conahan,...