People v. Baker: Evolving-Traffic-Stop Doctrine—Furtive Movements, POWPO History, and a High-Crime Setting Support a Protective Vehicle Sweep, and the Gun Discovery Triggers Automobile-Exception...
Colorado’s Inmate Filing-Fee Restrictions in § 13-17.5-103 Do Not Apply to Habeas Corpus Petitions I. Introduction In Gottorff v. Lengerich, 2026 CO 37, the Colorado Supreme Court (en banc, per...
Nonretroactive Guideline Amendments Cannot Supply the “Change in the Law” Needed for Compassionate Release Under U.S.S.G. § 1B1.13(b)(6) 1. Introduction United States v. Terrence Smith (11th Cir....
Helt v. Guess (2026 MT 117): Child-Specific Findings Required to Restrict Parent-Child Contact in Orders of Protection 1. Introduction In Helt v. Guess, the Supreme Court of Montana reviewed a...
Reaffirming UCCJEA Limits on Relinquishment: A Pending Out-of-State Custody Proceeding Is Required, and Immaterial Inconvenient-Forum Factors Need Not Be Expressly Addressed Introduction Marriage of...
CCYA Noncompliance as “Substantial Injustice”: Two-Year Remand for Rehabilitative Implementation and Meaningful Sentence Review 1. Introduction State v. I. Pehringer (2026 MT 115) addresses what...
Mailing (Not Actual Receipt) Satisfies Montana Notice of Foreign Judgment; Lis Pendens Is Not Stay Security; Unrelated Prior Firm Representation Does Not Require Disqualification Introduction In...
Montana Rule: A Buy-Sell + Seller-Financing Amendment Is Enforceable Despite Later “Mutually Agreed” Contract-for-Deed Terms; Added Public-Access Encumbrances Breach Condition-of-Title I....
Failure to Follow Mandatory CCYA Status-Report and Pre-21 Review Requirements Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review 1. Introduction In State v. I....
Failure to Implement CCYA Status-Report and Pre-21 Review Mandates Requires Remand for Two Years of CCYA Compliance and a Meaningful Sentence Review Introduction State v. I. Pehringer (2026 MT 114)...
Waiver of ICWA “Diligent Efforts” Challenges and Conclusive Reliance on Unrevised Tribal Eligibility Determinations Case: Matters of L.C., X.P. & N.C., YINC, 2026 MT 121 (Mont. June 2, 2026) Court:...
Acquiescence Waives ICWA Diligent-Efforts Challenges in Montana YINC Termination Appeals Case: Matters of L.C., X.P. & N.C., YINC (Mont. 2026 MT 121) | Court: Supreme Court of Montana | Date: June 2,...
State v. Olson: Non-Speculative Nexus Required to Admit Alternative-Source Sexual-Knowledge Evidence Under Montana’s Rape Shield Statute 1. Introduction In State v. Brent James Olson, 2026 MT 118,...
Rule 4(a)(6) Is the Exclusive Path to Reopen an Appeal: Mailbox Neglect, Reliance on Clerk “No Action” Notices, and Rule 60(b) Cannot Create an Equitable Extension 1. Introduction In Michael DeWayne...
USERRA Standing Survives Payroll “Corrections” When Complaint Seeks Reinstatement, Lost Opportunities, and Liquidated Damages Introduction In Michael Baluja v. City of Coral Gables (11th Cir. June 2,...
Antitrust-Training “Illegality” Testimony as Context (Curable by Instruction) and Evidence Threshold for Per Se Sherman Act Conspiracy in Coordinated Bidding/Pricing Introduction In United States v....
Major-Professor Withdrawal Treated as an Academic Judgment: “Careful and Deliberate” Process Satisfies Due Process Without a Disciplinary Hearing I. Introduction Lily Barrett v. Diana Williams (11th...
Proving Authority to Bind a Patient to Arbitration & Waiver of Unruled Discovery Motions Case: Hubbard v. Nexion Health at Clinton, Inc. d/b/a Woodlands Rehabilitation and Healthcare Center, Minor...
Shipley v. Shipley: Mandatory GAL Appointment Is Not Waivable on Appeal; Albright Record Must Address Stepparent and Living Situation 1. Introduction In Shipley v. Shipley (Miss. May 28, 2026), the...
Declaratory Judgments Are Not Per Se Final: Indiana’s Final-Judgment Rule Requires Appellate Rule 2(H) Finality I. Introduction In Adkins v. State (Ind. May 28, 2026), the Indiana Supreme Court...