interpreting-& Case Commentaries

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified Mailing

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified...

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder

Date: Oct 1, 2025

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder Court: Supreme...

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos

Date: Oct 1, 2025

Competency vs. Credibility: First Circuit okays judicial notice of a witness’s prior plea-competency finding and clarifies appeals from Rule 37 indicative rulings — United States v. Vázquez‑Rijos...

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Upholds Judicial Notice of Prior Plea Competency and Clarifies Appellate Procedure for Rule 37 Motions Introduction In United States v. Vázquez-Rijos, the...

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos

Date: Oct 1, 2025

Competency Is Not Credibility: First Circuit Approves Limited Judicial Notice of Prior Plea Competency and Clarifies Appellate Practice for Rule 37 Motions in United States v. Vázquez-Rijos...

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives (In re R.D., P.D., and L.M.)

Date: Oct 1, 2025

Rapid Recidivism After Case Dismissal as Evidence of “No Reasonable Likelihood” — Denial of Improvement Period and Termination Without Less Restrictive Alternatives Commentary on In re R.D., P.D.,...

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification

Date: Oct 1, 2025

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification Introduction In In re B.N., No....

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025

Actual Notice Can Cure Rule 10 Witness-Disclosure Defects; Harmless Error Supports Termination in Abuse-and-Neglect Dispositions—In re T.F., F.F., and C.F. Introduction In a memorandum decision...

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7

Date: Sep 30, 2025

Corporate Venue Statute Applies to LLCs: Alabama Supreme Court Overrules WMS and Aligns LLC Venue with § 6-3-7 Introduction In Ex parte Phillip H. Rivers, Steven Nobles, Todd Martin, Stan Roberts,...

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h)

Date: Sep 30, 2025

Ex parte Thompson: Post-Deposition Inaction Defeats Relation Back — Due Diligence Requires Timely Discovery and Prompt Substitution Under Rule 9(h) Introduction In Ex parte Grisby Jacob Thompson, the...

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record

Date: Sep 30, 2025

When a Continuance Extends Rule 59.1: Alabama Supreme Court Requires Continuance Motions and Orders to Appear in the Appellate Record Introduction In Teresa Williams and Barney’s Childcare and...

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements

Date: Sep 30, 2025

No Preservation Bar to “Failure to Charge an Offense” in De Novo Municipal Appeals; Rule 13.2 Supplants Pre‑Rules Ordinance‑Averment Requirements Case: Ex parte John Sandifer; Ex parte Curtis Tanner;...

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense (United States v. Foley)

Date: Sep 30, 2025

Breach-of-Trust, Not Double Counting: The Eleventh Circuit affirms consecutive, within-Guidelines revocation sentences despite an upward variance on the new offense Introduction In United States v....

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025)

Date: Sep 30, 2025

No Interlocutory Appeal of Qualified Immunity Denials When Genuine Fact Disputes Persist: Cornelius v. Luna (2d Cir. 2025) Court: U.S. Court of Appeals for the Second Circuit (Summary Order,...

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death

Date: Sep 30, 2025

Posthumous Vacatur of 2005 Registration Suspensions: Ohio Supreme Court Clarifies that Attorney Registration Sanctions Do Not Survive a Lawyer’s Death Introduction In an Administrative Actions entry...

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure: Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond

Date: Sep 30, 2025

Harmless Error Permits Reliance on a Dismissed Co‑Defendant’s Expert Disclosure Seventh Circuit Affirms Summary Judgment Where Opponent Had Notice and Opportunity to Respond Introduction In a...

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