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first-circuit-reinforces-first-amendment-protections-for-secret-audio-recording-of-police-in-public:-interpretation-of-massachusetts& Case Commentaries

Clarifying the Vagueness Doctrine in Third-Party Notification Conditions of Supervised Release – A Commentary on United States v. Falandis Russell

Clarifying the Vagueness Doctrine in Third-Party Notification Conditions of Supervised Release – A Commentary on United States v. Falandis Russell

Date: Jun 18, 2025
Clarifying the Vagueness Doctrine in Third-Party Notification Conditions of Supervised Release Comprehensive Commentary on United States v. Falandis Russell, 7th Cir., June 11 2025 1. Introduction...
Oral Colloquy Cannot Implicitly Amend a Binding Rule 11(c)(1)(C) Plea Agreement: Commentary on United States v. Sherman Threets (7th Cir. 2025)

Oral Colloquy Cannot Implicitly Amend a Binding Rule 11(c)(1)(C) Plea Agreement: Commentary on United States v. Sherman Threets (7th Cir. 2025)

Date: Jun 18, 2025
Oral Colloquy Cannot Implicitly Amend a Binding Rule 11(c)(1)(C) Plea Agreement: Commentary on United States v. Sherman Threets (7th Cir. 2025) Introduction The Seventh Circuit’s decision in United...
United States v. Russell & Williams: The Seventh Circuit Demands Precision in “Third-Party-Risk” Supervised-Release Conditions and Clarifies Competency-to-Stand-Trial Assessments

United States v. Russell & Williams: The Seventh Circuit Demands Precision in “Third-Party-Risk” Supervised-Release Conditions and Clarifies Competency-to-Stand-Trial Assessments

Date: Jun 18, 2025
United States v. Russell & Williams: The Seventh Circuit Demands Precision in “Third-Party-Risk” Supervised-Release Conditions and Clarifies Competency-to-Stand-Trial Assessments Introduction On...
People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

Date: Jun 18, 2025
People v. T.P. (2025): Elevating the Standard for Effective Assistance—Defense Counsel Must Object to Prosecutorial Summation Misstatements that Undermine a Justification Defense 1. Introduction...
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

Date: Jun 18, 2025
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the Domestic Violence Survivors Justice Act 1. Introduction In People v. Brenda WW. (2025 NY Slip Op...
Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Date: Jun 18, 2025
Bail as a “Condition of Release” under CPL 510.10 (4)(t) Comprehensive Commentary on People ex rel. Welch v. Maginley-Liddie (2025) 1. Introduction On 17 June 2025 the New York Court of Appeals...
Disjunctive Drafting and Bail Eligibility:  People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Date: Jun 18, 2025
Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a) 1. Introduction People ex...
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Date: Jun 18, 2025
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025) Introduction On 17 June 2025 the Appellate Division, First Department, issued a per-curiam opinion in...
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Date: Jun 17, 2025
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law” Introduction In Macomb County Prosecutor v. Macomb County Executive, the Michigan...
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

Date: Jun 17, 2025
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners Introduction In Mark A. Hackel v. Macomb...
County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

Date: Jun 17, 2025
County Charter Ordinances as “Law” Authorizing Independent Counsel & the Trigger of the 60-Day UBAA Suit Period: An In-Depth Commentary on Macomb County Prosecutor v. Macomb County Executive (Mich....
State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

Date: Jun 13, 2025
State v. Armendariz (N.M. 2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis 1. Introduction State v. Armendariz,...
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

Date: Jun 13, 2025
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties Introduction Matter of Peterkin v. New York State...
“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

Date: Jun 13, 2025
“Reapplication as Bar to Impossibility” – A Commentary on Ithaca Montessori School v. Pfeffer, 2025 NY Slip Op 03618 1. Introduction The Appellate Division, Third Department’s decision in Ithaca...
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

Date: Jun 13, 2025
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof Introduction In People v. Williams, 2025 NY Slip...
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Date: Jun 13, 2025
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption 1. Introduction In Matter of Verizon N.Y. Inc. v. New York State...
No Interstate Sovereign Immunity for Sister-State Municipal Corporations:  The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

No Interstate Sovereign Immunity for Sister-State Municipal Corporations: The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

Date: Jun 13, 2025
No Interstate Sovereign Immunity for Sister-State Municipal Corporations in Mississippi The Supreme Court of Mississippi’s decision in The Promenade D’Iberville, LLC v. Jacksonville Electric...
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes

Date: Jun 13, 2025
Schott v. Lucatelli: Affirming Statutory Pre-Judgment Interest and Valuation Standards in Quantum Meruit Home-Construction Disputes Introduction In Schott v. Lucatelli (2025 NY Slip Op 03616) the...
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation

Date: Jun 13, 2025
Rosen v. Price Chopper: Summary-Judgment Dismissal Permitted Where Defamation Pleading Fails CPLR 3016(a) Particularity & No Protected Activity Exists for Retaliation Introduction In Rosen v. Price...
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses

Date: Jun 13, 2025
People v. Reynolds (2025): Refining “Due Diligence” Under CPL Article 245 and the Role of Defense-Caused Delay in CPL 30.30 Speedy-Trial Analyses Introduction People v. Reynolds, 2025 NY Slip Op...
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