Revocable-at-Death Trust Liability to Creditors and EPIC Exemptions for 401(k) Payments and Life-Insurance Proceeds Paid to a Trustee 1. Introduction Case: In re FOWLER ESTATE / In re FOWLER TRUST...
Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim Case: United States v. Threatt (10th Cir. July 21, 2026) | Court: U.S. Court of...
Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud 1. Introduction Jenkins v. Prime Insurance (10th Cir. July 21, 2026) addresses...
Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence Introduction...
Specific-Unanimity Required for Single-Count, Multi-Act Proof of Penetration; State v. Rucker Overruled 1. Introduction In State of Minnesota v. Ge Yang (Minn. July 22, 2026), the Minnesota Supreme...
U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense Case: United States v. Katrail Bridges (7th Cir. July 21, 2026)...
Matter of Douglas Marshall: Text Messages Do Not Satisfy Montana’s “Signed Writing” Requirement for Contingent-Fee Agreements Without Client Adoption 1. Introduction Matter of Douglas Marshall is a...
Claim Preclusion Bars Post-Judgment Tort Claims Against an Estate and Its Personal Representative Acting Only in a Fiduciary Capacity 1. Introduction Kahle v. Estate of Tosch (Mont. 2026 MT 159N) is...
State v. Reed: No Ineffective Assistance Absent Prejudice Where Evidence Does Not Support a Lesser-Included Instruction; Bail-Jumping “Lawful Excuse” Survives Vagueness Challenge Under Trombley 1....
ICWA Diligent Inquiry and IAC in Termination: Tattoos and Speculative Parole Dates Do Not Undermine Termination Under § 41-3-609(4)(c), MCA Introduction Matter of D.J.L. and R.J.M., Youths in Need of...
Affirmance Despite an Incomplete Batson Step-Three Inquiry Where the Record Shows No Discriminatory Intent Introduction In MOTLEY (COURTNEY) v. STATE (CRIMINAL), No. 88757 (Nev. July 23, 2026), the...
Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554 1. Introduction In State of Vermont v. Dennis McLaughlin...
Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F)) Case: In re Eva Vekos, Esq. (Office...
Florida Death-Warrant Litigation: Rule 3.852 Records Require a Nexus to a Colorable Claim; Speculative Lethal-Injection, Elderly, and “Execution-Pace” Challenges Are Not Cognizable I. Introduction In...
DSM Text Revisions Count as the “Most Recently Published Edition”; PTSD Presumption Rebuttal Is Not Limited to IPEs and Outdated-DSM IPEs Are Weighable Evidence 1. Introduction In Nicholas Rowe v....
Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry Introduction Charles Friend v. City of Decatur, Illinois (7th Cir. July...
Montana’s 2026 Rule: Documented Random, Proximate Judge Reassignment and Strict Timing/Fee Controls for District Judge Substitution (§ 3-1-804, MCA) 1. Introduction In re Revised Rules on...
Counterman Does Not Invalidate Montana’s Threatening-an-Officer Statute Where It Requires Purposeful/Knowing Threats, and 911-Driven Domestic-Disturbance Exigency Can Justify Warrantless Entry...
Reversal of a Conditional Federal Habeas Writ Extinguishes Substitution Rights and Permits Reinstatement of a Vacated Montana Conviction—But Only After the Defendant Is Heard Case: State v. K....
Diligent ICWA Inquiry Is Satisfied by Prompt Notice and Conclusive Tribal Responses; Speculative Parole Date Does Not Establish Ineffective Assistance or Defeat Termination Under § 41-3-609(4)(c),...