People v. Buchanan: Distinct Second-Degree Weapon Possession Counts May Support Consecutive Sentences, Yet Appellate Courts May Reduce to Concurrent in the Interest of Justice Case: People v....
People v. Mosley: CPL 440.30(1-a) Permits Renewed DNA Testing When Materially Advanced Methods Could Yield Materially Different Results 1. Introduction People v Mosley (2026 NY Slip Op 04454 [3d Dept...
People v. Williams: Limited Molineux “Background” Evidence to Explain Police Pursuit; Omitted Gomberg Inquiry Reversible Only Upon Actual, Operative Conflict 1. Introduction In People v Williams...
Attempted First-Degree Arson: Bringing and Lighting a Molotov on a Wooden Porch, with Nearby Burn Marks and Gasoline Spill, Meets the “Dangerously Near” Standard 1. Introduction In People v. Fajardo...
Misnaming the Contractually Required Additional Insured Is a Material Breach; Conditional Indemnification May Be Granted Despite Potential Indemnitee Negligence 1. Introduction Newland v County Waste...
Police “Business Records” and the Unidentified Declarant: Foundation Required Under CPLR 4518 for Hearsay Statements in Investigation Reports 1. Introduction People v Mawhiney (2026 NY Slip Op 04460...
Private, Uncirculated Social-Media Messages Lack “Terroristic Threat” Intent; Direct Threats to a Media Outlet May Qualify 1. Introduction In People v. Rainey (2026 NY Slip Op 04451 [3d Dept July 16,...
Mandatory Sexually Violent Offender Designation for Enumerated SORA Offenses and Required Weighing of Mitigation in Upward-Departure Decisions (People v. Occhipinti) 1. Introduction In People v...
Treatment Discharge as a VOP Proven by “Some Competent Evidence” Despite Hearsay Limits 1. Introduction Carman v. State (Del. July 14, 2026) is a Delaware Supreme Court order affirming a Superior...
Amendment 821 Is Substantive on Direct Appeal: Retroactive Status-Point Relief Must Proceed via 18 U.S.C. § 3582(c)(2) Case: United States v. Daniel King (11th Cir. July 15, 2026) (Not for...
Incomplete Appellate Transcript in Vermont Bench-Trial Appeals Presumes Trial Findings and Waives Fact-Based Challenges Case: Jessica Floyd v. Michelle LeBlanc (Vt. Sup. Ct., July 10, 2026) — Entry...
Aggravated Stalking with a Deadly Weapon Is Not a “Felony Involving an Act of Violence” for § 7553a Hold-Without-Bail Introduction In State v. Mark Sterling (Vt. July 10, 2026), the Vermont Supreme...
Rule 75 Prison-Discipline Review: Strict Issue Preservation to the Superintendent and Deferential “Some Evidence” Sufficiency Introduction In Jason Eaton v. Nicholas Deml and Amy Jacobs (Vt. Sup. Ct....
Extension of Vermont Anti-Stalking Orders Turns on Protective Necessity—Not New Stalking—and Pro Se Filings Risk Rule 11 Sanctions for Fake Authority 1. Introduction In Cheryl O'Donnell v. Hope...
Termination at Initial Disposition: Recent Sobriety and Housing Gains Do Not Defeat TPR Absent a Child-Timed Path to Resuming Parenting Introduction Case: In re L.H., Juvenile (K.M., Mother*) (Vt....
Clarification (Not Modification) of Summer Parent-Child Contact: “Separate Weeks” May Be Added to Alternating Weekends Without Changed Circumstances Patrick McElroy v. Mandi Theberge, Vermont Supreme...
Pretext and But-For Causation Standards for Tenure Denials and Independent Research-Misconduct Proceedings I. Introduction In Farid v. Trustees of Dartmouth College (1st Cir. July 13, 2026), Amro...
Circumstantial-Evidence Sufficiency and Plain-Error Limits on Sua Sponte Acquittal in Vermont Larceny Cases Introduction State v. Terrell Jackson (Vt. Sup. Ct., July 10, 2026) is an entry order...
Equitable Denial of Contractual/Statutory Attorney’s Fees in Eviction Cases Where Landlord Habitability Failures and a Mixed Result Make Fee-Shifting Unwarranted Introduction In CMRT Holdings, LLC v....
Waiver of Factual Challenges for Missing Transcripts in Vermont Anti‑Stalking Appeals (and Appellate Counsel’s Duty of Accurate Authority) Case: Jessica Cover v. Susan Tyrell / Jessica Cover v....