interpreting-&amp Case Commentaries

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination

Date: Oct 1, 2025

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination Case: In re R.D., P.D., and L.M., No. 24-593...

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.) Introduction In a sprawling, multi-year prosecution...

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos Introduction This commentary analyzes the First...

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings

Date: Oct 1, 2025

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings Case: State v. L....

Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims

Date: Oct 1, 2025

Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims Court: Supreme Court of...

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture: Mickulin v. State (2025 WY 106)

Date: Oct 1, 2025

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture Case: In the Matter of U.S. Currency Totaling $54,226.00: Ronald S. Mickulin v. State of Wyoming Citation: 2025 WY...

No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives

Date: Oct 1, 2025

No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives...

Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G.

Date: Oct 1, 2025

Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G. Introduction In a memorandum...

Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud

Date: Oct 1, 2025

Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud Introduction This commentary...

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Date: Oct 1, 2025

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies Introduction In...

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Date: Oct 1, 2025

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act Introduction In State ex rel. Huwig v. Department of Health,...

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

Date: Oct 1, 2025

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically Complex Care

Date: Oct 1, 2025

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically...

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