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ex-parte-yerger:-supreme-court& Case Commentaries

United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review

Date: Aug 12, 2025
United States v. Hill: Reinforcing the “Independent § 3553(a) Factors” Exception to Guidelines Error on Plain-Error Review Introduction In United States v. Hill, No. 24-30669 (5th Cir. Aug. 5, 2025),...
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders

Date: Aug 12, 2025
United States v. LeBlanc: The Fifth Circuit’s Firm Embrace of Diaz and the Historical Disarmament of Property Offenders Introduction United States v. LeBlanc, No. 24-30036 (5th Cir. Aug. 5, 2025),...
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements

Date: Aug 12, 2025
Scheme-Wide Scrutiny: United States v. Stone and the Fifth Circuit’s Refined Test for “Sophisticated Means” & “Abuse-of-Trust” Enhancements 1. Introduction United States v. Stone, No. 24-10115 (5th...
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott

Date: Aug 12, 2025
Mandatory Vacatur of Expired PLRA Preliminary Injunctions: Voice of the Experienced v. Westcott Introduction The Fifth Circuit’s unpublished but precedentially significant decision in Voice of the...
“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

“More Than One Motive”: The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection – Commentary on Wright v. Honeywell International

Date: Aug 12, 2025
“More Than One Motive” – The Fifth Circuit Confirms that Mixed-Motive Religious Objections Trigger Title VII Protection A Comprehensive Commentary on Wright v. Honeywell International, No. 24-30667...
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups

Date: Aug 12, 2025
Guardado v. Bondi: The Fourth Circuit’s New Mandate for Substantive Anti-Circularity Analysis of Particular Social Groups 1. Introduction Ana Cecilia Hernandez Guardado – a Salvadoran national who...
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in Common Apartment Hallway Is Not a Fourth-Amendment “Search”

Date: Aug 12, 2025
United States v. Johnson: Fourth Circuit Holds Warrantless Dog Sniff in a Common Apartment Hallway Is Not a Fourth-Amendment “Search” Introduction The published Fourth-Circuit decision in United...
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements

Date: Aug 12, 2025
“Use” v. “Brandishing” Re-Defined: The Fourth Circuit Adopts the “Imminent-Threat” Test for § 2A4.1(b)(3) Dangerous-Weapon Enhancements Introduction United States v. Thomas Faulls, Sr., No. 23-4532...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Date: Aug 12, 2025
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Date: Aug 12, 2025
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage: Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (2025 NY Slip Op 04607)

Date: Aug 8, 2025
Mere-Continuation Successor Liability Can Reach Multiple Asset Purchasers at the Pleading Stage Commentary on Avamer 57 Fee LLC v. Hunter Boot USA LLC (App Div, 1st Dept, Aug. 7, 2025) Executive...

        Streamlining the “Vexatious Litigator” Designation in Ohio:
        An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749)

Date: Aug 7, 2025
Streamlining the “Vexatious Litigator” Designation in Ohio: An Analysis of the Supreme Court’s 08 / 05 / 2025 Case Announcements (2025-Ohio-2749) Introduction The Supreme Court of Ohio’s Case...
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing

Date: Aug 7, 2025
State v. Rushing (2025): Clarifying Fundamental-Error Review for Visible Restraints in Capital Sentencing Introduction State of Arizona v. Jasper Phillip Rushing is the Arizona Supreme Court’s most...
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87)

Date: Aug 7, 2025
Voluntary Dismissal No Longer a “Failure”: Wyoming Supreme Court Narrows the Savings Statute in Ellis v. Hiser (2025 WY 87) Dianna Ellis, as Wrongful Death Representative for the Estate of Burke...
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