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juvenile-sentencing-guidelines:-iowa-supreme-court Case Commentaries

Forcible-Felony Instruction as a De Facto “Defense-of-Others” Charge: Commentary on State v. C. Rossbach (2025)

Forcible-Felony Instruction as a De Facto “Defense-of-Others” Charge: Commentary on State v. C. Rossbach (2025)

Date: Jun 20, 2025
Forcible-Felony Instruction as a De Facto “Defense-of-Others” Charge: A Comprehensive Commentary on State v. C. Rossbach, 2025 MT 128N Introduction State v. Cavey Little Rossbach, 2025 MT 128N, is a...
“Evasive-Driving Particularized Suspicion” – A Commentary on State v. H. Herzog (2025 MT 123)

“Evasive-Driving Particularized Suspicion” – A Commentary on State v. H. Herzog (2025 MT 123)

Date: Jun 20, 2025
“Evasive-Driving Particularized Suspicion”: The Montana Supreme Court’s Refinement of Reasonable Suspicion in State v. Halie Maria Herzog 1. Introduction On 17 June 2025 the Supreme Court of Montana...
State v. Hunt (2025): Prosecutorial “Door-Opening” Limits Re-affirmed and Particularized Suspicion Refined

State v. Hunt (2025): Prosecutorial “Door-Opening” Limits Re-affirmed and Particularized Suspicion Refined

Date: Jun 20, 2025
State v. Hunt (2025 MT 122): Prosecutorial “Door-Opening” Limits Re-affirmed and Particularized Suspicion Refined Introduction The Supreme Court of Montana’s decision in State v. Nicole Lee Hunt,...
Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation

Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation

Date: Jun 20, 2025
Commonwealth v. Hardy: Reaffirming Timeliness & Refining the “Actual Innocence” Standard in Pennsylvania Post-Conviction DNA Litigation Introduction In Commonwealth v. Hardy (Pa. 2025) the Supreme...

        The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists:
        A Commentary on Commonwealth v. Linton (Pa. 2025)

The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: A Commentary on Commonwealth v. Linton (Pa. 2025)

Date: Jun 20, 2025
The “Totality-of-Circumstances Reasonableness Test” for Pedalcyclists: Comprehensive Commentary on Commonwealth v. Linton, 11 WAP 2024 (Pa. 2025) 1. Introduction Commonwealth v. Linton marks the...
“Temporal Alignment” under HRS § 657-1.8:  Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits

Date: Jun 20, 2025
“Temporal Alignment” under HRS § 657-1.8: Criminal Statutes in Force at the Time of Abuse Govern Civil Child-Sexual-Abuse Suits Introduction In Foresman v. Foresman, 154 Haw. 46, cert. granted and...
Affirming the Presumption of Reliability in Credible-Fear Interviews: Commentary on Singh v. Bondi (2d Cir. 2025)

Affirming the Presumption of Reliability in Credible-Fear Interviews: Commentary on Singh v. Bondi (2d Cir. 2025)

Date: Jun 20, 2025
Affirming the Presumption of Reliability in Credible-Fear Interviews: Detailed Commentary on Singh v. Bondi, Second Circuit (2025) 1. Introduction Case name: Gurminder Singh v. Pamela Bondi, U.S....
Commentary – Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb

Commentary – Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb

Date: Jun 20, 2025
Re-affirming Complete § 301 LMRA Pre-emption over State-Law Challenges to Union-Negotiated COVID-19 Policies: Sullivan v. Gelb 1. Introduction Sullivan v. Gelb, No. 24-1917-cv (2d Cir. June 17 2025)...
United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under
        Rule 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction Offenses

United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Rule 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction Offenses

Date: Jun 20, 2025
United States v. Wilson: Reaffirming the “Strong Inference of Trustworthiness” Standard under Federal Rule of Evidence 804(b)(3) and Clarifying Evidentiary Sufficiency for “Use-of-Fire” Obstruction...
When Flight and Vehicle Dominion Suffice: Eleventh Circuit Clarifies Threshold for Knowledge in Constructive Possession of Narcotics (United States v. Youngblood, 2025)

When Flight and Vehicle Dominion Suffice: Eleventh Circuit Clarifies Threshold for Knowledge in Constructive Possession of Narcotics (United States v. Youngblood, 2025)

Date: Jun 20, 2025
When Flight and Vehicle Dominion Suffice: Eleventh Circuit Clarifies Threshold for Knowledge in Constructive Possession of Narcotics Commentary on United States v. Emmanuel Youngblood, No. 24-12647...
“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025)

“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025)

Date: Jun 20, 2025
“Public-Domain Discovery” Starts the Clock: Commentary on TransPerfect Holdings LLC v. Robert Pincus (3d Cir. 2025) 1. Introduction The United States Court of Appeals for the Third Circuit, in an...
Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates – A Commentary on Bridges v. Methodist Hospital (2025)

Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates – A Commentary on Bridges v. Methodist Hospital (2025)

Date: Jun 20, 2025
Fifth Circuit Solidifies the “No-State-Action” Rule for Private Employer Vaccine Mandates: A Comprehensive Commentary on Bridges v. Methodist Hospital, No. 24-20483 (5th Cir. 2025) 1. Introduction In...
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four

Date: Jun 20, 2025
Brown v. Commissioner: Clarifying Claimant’s Burden to Establish Non-SGA Past Work at Step Four Introduction In Brown v. Commissioner, Social Security Administration, No. 24-11068 (5th Cir. 2025),...
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance

Date: Jun 20, 2025
No Credible Threat, No Standing: Fifth Circuit Clarifies Employer Standing in Pre-Enforcement Challenges to NLRB Guidance Introduction Burnett Specialists v. Cowen concerns five Texas-based staffing...
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA

Date: Jun 20, 2025
“Smith v. General Motors”: Fifth Circuit Re-Affirms Strict Timeliness, Exhaustion, and Limited Continuing-Violation Doctrine under the ADA Introduction In Smith v. General Motors, L.L.C.,...
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests

Date: Jun 20, 2025
Standing as a Gatekeeper: Fifth Circuit Restricts Post-Judgment Intervention for Private Unsealing Requests 1. Introduction In Yellow Rock, L.L.C. v. Axiall Corp., No. 24-30540 (5th Cir. June 17,...
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule: Commentary on Gregory Tucker v. Noah Nagy (6th Cir. 2025)

Date: Jun 20, 2025
Re-affirming AEDPA Deference and Rejecting the “Easily Movable Object” DNA Rule Commentary on Gregory Tucker v. Noah Nagy, 24-1723 (6th Cir. June 17 2025) Introduction In Gregory Tucker v. Noah Nagy,...
When “Culture” Meets the Rules of Evidence:  The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records

Date: Jun 20, 2025
When “Culture” Meets the Rules of Evidence: The Sixth Circuit’s New Standard for Authenticating Post-Spoliation HR Records Introduction Jeff L. Kean, a 59-year-old General Manager for Chili’s Grill &...
Helms v. Boyd County (6th Cir. 2025):  Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Helms v. Boyd County (6th Cir. 2025): Audio-Only Witnesses, Active Resistance, and the Threshold for Excessive-Force Claims in Mental-Health Seizures

Date: Jun 20, 2025
Helms v. Boyd County Sheriff’s Department: Sixth Circuit Clarifies the Evidentiary Bar for Excessive-Force Claims Based on Second-Hand Audio and Re-affirms the “Active Resistance” Standard in...
Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Cole v. Toledo Refining: Sixth Circuit Re-affirms Ohio’s Strict Expert-Testimony Requirement for “Internal” & “Down-Stream” Personal-Injury Claims

Date: Jun 20, 2025
Cole v. Toledo Refining Co., LLC Sixth Circuit Clarifies: Where Injuries Are Internally Complex or “Subjective,” All Derivative Harms Also Demand Qualified Expert Proof 1. Introduction Keith Cole, a...
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