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

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Date: May 29, 2025
Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State Introduction State v. Wierson, decided May 28, 2025 by the Supreme Court of Georgia, clarifies the scope of Georgia’s two...
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Date: May 29, 2025
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights Introduction Sims v. State (S25A0058) and Glover v. State (S25A0150) were decided by the Supreme Court...
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Date: May 29, 2025
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence Introduction In Pollard v. State, 310 Ga. ___ (2025), the Supreme Court of...
Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions

Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions

Date: May 29, 2025
Bump-Up Exclusion Bars Indemnity for Shareholder Settlements in Merger Transactions 1. Introduction In Towers Watson & Co. v. National Union Fire Insurance Co. of Pittsburgh, Pa. (4th Cir. 2025), the...
Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance

Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance

Date: May 29, 2025
Deference to ALJ Findings in Longshore Act Claims: Substantial Evidence and APA Compliance Introduction J. Larry Willis v. Director, Office of Workers’ Compensation Programs, U.S. Department of...
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Date: May 29, 2025
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard Introduction This commentary examines the Supreme Court of Georgia’s decision in Docs of CT, LLC v. Biotek Services, LLC,...
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Date: May 29, 2025
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims Introduction Redd v. Brooklyn Friends School, 238...
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Date: May 29, 2025
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions Introduction Porter v. State, decided by the Supreme Court of Georgia on May 28, 2025, considered...
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Date: May 29, 2025
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions Introduction This commentary examines the Supreme Court of Georgia’s...
Fourth Circuit Clarifies Vehicle Protective Searches and Bounds on Traffic-Stop Extensions

Fourth Circuit Clarifies Vehicle Protective Searches and Bounds on Traffic-Stop Extensions

Date: May 29, 2025
Fourth Circuit Clarifies Vehicle Protective Searches and Bounds on Traffic-Stop Extensions Introduction United States v. Joseph Dadisman is a 2025 decision of the Fourth Circuit that refines two...
Addressing Statutory Safety Valve Relief as a Principal Mitigating Argument

Addressing Statutory Safety Valve Relief as a Principal Mitigating Argument

Date: May 29, 2025
Addressing Statutory Safety Valve Relief as a Principal Mitigating Argument Introduction United States v. Kevin Hodge (7th Cir. 2025) clarifies a sentencing court’s obligation to engage with a...
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Date: May 29, 2025
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20 Introduction In Glover v. State, decided May 28, 2025, the Supreme Court of Georgia...
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Date: May 29, 2025
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests Introduction This commentary examines the Supreme Court of Georgia’s decision in Dean v. State...
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Date: May 29, 2025
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions Introduction Craft v. State, decided May 28, 2025, by the Supreme Court of Georgia, addresses the scope of plain error...
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor

Date: May 29, 2025
United States v. Outlaw: Requiring Particularized Probable Cause from Marijuana Odor Introduction In United States v. Abdul Outlaw (3d Cir. May 28, 2025), the Third Circuit Court of Appeals clarified...
Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions

Date: May 29, 2025
Reaffirming the Subjective Recklessness Standard in Eighth Amendment Deliberate Indifference and Ensuring Pro Se Due Process in Summary Judgment Conversions Introduction John Andrew Kister, a state...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Date: May 29, 2025
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Date: May 29, 2025
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC

Date: May 29, 2025
Clarifying Foreclosure Standing under New York Law: Holder vs. Assignee Rights in Courchevel 1850 LLC v. Koznitz I LLC Introduction Courchevel 1850 LLC v. Koznitz I LLC is a 2025 Second Circuit...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Date: May 29, 2025
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...
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