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

Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence

Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence

Date: Jun 10, 2025
Upholding Discretion in Supervised-Release Revocation: Mens Rea for RRC Violations and Flexible Use of Hearsay Evidence Introduction This commentary reviews the Sixth Circuit’s decision in United...
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling

Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling

Date: Jun 10, 2025
Crayton v. Bank of America: Stringent Requirements for Pleading Fraudulent Concealment Tolling Introduction In Crayton v. Bank of America, 25-3058 (10th Cir. June 3, 2025), the United States Court of...
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil

Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil

Date: Jun 10, 2025
Restricting §2241 Habeas Claims for Unauthorized Successive §2254 Petitions: Eaves v. Stancil Introduction In Eaves v. Stancil, the United States Court of Appeals for the Tenth Circuit denied a...
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach

Date: Jun 10, 2025
Miranda Custody Threshold in Law Enforcement Vehicles: A Totality of Circumstances Approach Introduction The case of United States v. Nahkai presents a nuanced examination of the “custodial...
Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences

Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences

Date: Jun 10, 2025
Limitation on District Court’s Authority to Reduce Federal Mandatory Minimum for Discharged State Sentences Introduction United States v. Dion Bell, decided on June 3, 2025, by the Seventh Circuit,...
Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed

Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed

Date: Jun 10, 2025
Discretionary Best‐Interests Standard in TPR Dispositions: No Burden of Proof Imposed Introduction State of Wisconsin v. H.C. is a 2025 decision by the Wisconsin Supreme Court addressing whether, in...
Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent

Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent

Date: Jun 10, 2025
Express Warning Against Product Misuse Precludes LPLA Liability: Caterpillar Inc. v. Hardisty Precedent Introduction In Brady Hardisty v. Dusty L. Walker et al., the Supreme Court of Louisiana...
Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation: In Re Kevin Michael Steel

Date: Jun 10, 2025
Permanent Disbarment for Repeated Misconduct and Lack of Rehabilitation Introduction In In Re: Kevin Michael Steel, 2025-SC-LA-B-01471, the Louisiana Supreme Court addressed consolidated disciplinary...
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy

Date: Jun 10, 2025
Precedent on Written Fee Agreements and Diligent Representation: In Re: Lindsey J. Leavoy Introduction In In Re: Lindsey J. Leavoy, the Supreme Court of Louisiana clarified the obligations of...
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief

Date: Jun 10, 2025
Erlinger Non-Retroactivity and Procedural Bars in Successive Death-Penalty Postconviction Relief Introduction In Anthony Floyd Wainwright v. State of Florida (No. SC2025-0708), the Florida Supreme...
Distinct Acts, Distinct Prosecutions: People v. Harris and the
          Narrowing of “Same Criminal Transaction” Under CPL 40.40

Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40

Date: Jun 7, 2025
Distinct Acts, Distinct Prosecutions: People v. Harris and the Narrowing of “Same Criminal Transaction” Under CPL 40.40 Introduction In People v. Harris (2025 NY Slip Op 03419) the Fourth Department...
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025):  The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads

Date: Jun 7, 2025
Genesee County Fish & Game Protective Assn., Inc. v. Sullivan (2025): The Road to Title—When Long-Term Maintenance and Control Ripen into Fee Ownership of Shared Access Roads Introduction On...
Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Rheeder v. Gray (Iowa 2025): Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa Civil Rights Act

Date: Jun 7, 2025
Rheeder v. Gray, City of Marion, Slagle & McHale – Iowa Supreme Court (2025) Clarifying the “Severe-or-Pervasive” Harassment Standard and the “Materially Adverse” Retaliation Threshold under the Iowa...
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession: Commentary on EBSCO Industries, Inc. v. Ballard

Date: Jun 7, 2025
Permissive Possession Within an Active Lease Cannot Mature into Adverse Possession – EBSCO Industries, Inc. v. Michael R. Ballard, et al. 1. Introduction EBSCO Industries, Inc. (“EBSCO”) and Michael...
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure

Date: Jun 7, 2025
People v. Ritchie: Re-affirming the “Defendant-Knowledge” Exception to Brady/Rosario Disclosure Introduction The recent decision of the Appellate Division, Fourth Department, in People v. Ritchie,...
Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Defective Zoning Notice Voids Variances and Precludes Vested Rights – A Commentary on Matter of Socha v. Town of Starkey (2025)

Date: Jun 7, 2025
Defective Zoning Notice Voids Variances and Precludes Vested Rights Commentary on Matter of Socha v. Town of Starkey, 2025 NY Slip Op 03431 (4th Dept 2025) Introduction The Fourth Department’s...
Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Extending DPPA Coverage to Non-DMV State Actors: A Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee

Date: Jun 7, 2025
Extending DPPA Coverage to Non-DMV State Actors Commentary on LMG Rhode Island Holdings, Inc. v. Office of Governor Daniel J. McKee Introduction On 6 June 2025 the Rhode Island Supreme Court issued...
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned

Date: Jun 7, 2025
Wright v. Stephens: Post-Death Appeal Jurisdiction and the “Loss-of-Chance” Standard Re-Aligned Introduction On 6 June 2025 the Appellate Division, Fourth Department, issued its decision in Wright v....
Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Biological Parenthood as Automatic “Legally Responsible” Status: A Commentary on Matter of Ja'Moure D.S. (2025 NY Slip Op 03485)

Date: Jun 7, 2025
Biological Parenthood as Automatic “Legally Responsible” Status: Commentary on Matter of Ja'Moure D.S. (Jasmine M.), 2025 NY Slip Op 03485 1. Introduction The Appellate Division, Fourth Department,...
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025)

Date: Jun 7, 2025
“No Fixed-Route” Natural Drainage Easements: Robinson v. Central Iowa Power Cooperative (Iowa 2025) Introduction In Robinson v. Central Iowa Power Cooperative, the Iowa Supreme Court squarely...
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