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

Ensuring Jury Determination for ACCA “Occasions” Clause: Harmless-Error Review After Erlinger

Ensuring Jury Determination for ACCA “Occasions” Clause: Harmless-Error Review After Erlinger

Date: May 22, 2025
Ensuring Jury Determination for ACCA “Occasions” Clause: Harmless-Error Review After Erlinger Introduction The Sixth Circuit’s decision in United States v. Jermaine Kimbrough (No. 23-5529), issued...
Probable-Cause Seizure of Contraband Vehicles and Chain Conspiracy Liability Clarified – United States v. Simpson

Probable-Cause Seizure of Contraband Vehicles and Chain Conspiracy Liability Clarified – United States v. Simpson

Date: May 22, 2025
Probable-Cause Seizure of Contraband Vehicles and Chain Conspiracy Liability Clarified Introduction This consolidated Sixth Circuit decision, United States v. Christopher Simpson et al., No....
Wire Fraud and Material Misrepresentation in Allocation of Project Funds: United States v. Fayne

Wire Fraud and Material Misrepresentation in Allocation of Project Funds: United States v. Fayne

Date: May 22, 2025
Wire Fraud and Material Misrepresentation in Allocation of Project Funds Introduction United States v. Arthur Fayne, decided by the Sixth Circuit on May 21, 2025, clarifies the contours of wire‐fraud...
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions

Date: May 22, 2025
Separate Applications, Separate Clocks: Camarda v. Ubert Clarifies the 30-Day Limitations Period for Article 78 Review of Village ZBA Decisions 1. Introduction Matter of Camarda v. Ubert (2025 NY...
Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient

Date: May 22, 2025
Limitation on Role Enhancement Under U.S.S.G. §3B1.1(c): Buyer-Seller Relationship Insufficient Introduction This commentary examines the Eleventh Circuit’s decision in United States v. Ivan Emilio...
Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris

Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris

Date: May 22, 2025
Substantially True Implications and Pure Opinions in Defamation by Implication: Utterback v. Morris Introduction In Thomas M. Utterback v. Craig B. Morris (11th Cir. 2025), the Eleventh Circuit...
Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act

Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act

Date: May 22, 2025
Selective Zoning Bans on Short-Term Rentals Violate Idaho’s Short-Term Rental and Vacation Rental Act Introduction This commentary examines the Supreme Court of Idaho’s decision in Idaho Association...
Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications

Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications

Date: May 22, 2025
Enhanced Best-Interests Standard: Educational Attendance and Co-Parenting Capacity in Custody Modifications Introduction This commentary examines the Alaska Supreme Court’s decision in Brittney M. v....
Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance

Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance

Date: May 22, 2025
Express Aiming Requirement for Specific Personal Jurisdiction in Cross-Border Cyber Surveillance Introduction This commentary analyzes the Fourth Circuit’s decision in Hanan Elatr Khashoggi v. NSO...
Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status

Date: May 22, 2025
Criminal Penalties under 8 U.S.C. § 1253(a)(1) Apply Regardless of Admission Status Introduction This case commentary examines the Eleventh Circuit’s decision in United States v. John Doe (No....
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4

Date: May 22, 2025
AAA Noncompliance Waives Arbitration Rights: Eleventh Circuit's Clarification of FAA §§3 and 4 Introduction In the consolidated cases of Merritt Island Woodwerx, LLC and True Touch Services, LLC v....
Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions

Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions

Date: May 22, 2025
Sixth Circuit Clarifies GPS-Based Vehicle Seizure and Intrinsic Evidence in Drug Conspiracy Prosecutions Introduction In United States v. Christopher Simpson, Marquise Figures, & Antuan Wynn (6th...
Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes

Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes

Date: May 22, 2025
Misappropriation of Intermediary Project Funds as Wire Fraud: Sixth Circuit’s New Rule on Payment Schemes Introduction The Sixth Circuit’s decision in United States v. Arthur Fayne, 25a0259n.06 (6th...
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions

Date: May 22, 2025
Feeney v. Giannetti (2025): Mandatory Evidentiary Hearings on Receiver Accountings and Reinforced 5-Percent Cap on Commissions 1. Introduction Feeney v. Giannetti, 238 A.D.3d 991 (2d Dep’t 2025),...
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act

Date: May 22, 2025
Rosenfeld v. Brody (2025): Pleading Standards for Fraudulent Conveyance Claims under New York’s Uniform Voidable Transactions Act 1. Introduction Parties & Background: Yaakov Rosenfeld (“Plaintiff”)...
Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred

Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred

Date: May 21, 2025
Foster Parents’ Permissive Intervention in Neglect Proceedings Is Not Jurisdictionally Barred Introduction In In re Andrew C. (Supreme Court of Connecticut, May 19, 2025), the court addressed whether...
Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos

Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos

Date: May 21, 2025
Clarifying Government Advocacy Limits in Rule 11(c)(1)(C) Plea Agreements: United States v. Bustos 1. Introduction United States v. Bustos (10th Cir. May 20, 2025) addresses the boundaries of...
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders

Date: May 21, 2025
Coram Nobis Relief for In-Custody Prisoners Challenging Restitution Orders Introduction This commentary examines the Eleventh Circuit’s decision in Sonny Austin Ramdeo v. United States, Nos. 23-11699...
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims

Date: May 21, 2025
Settlement Enforcement Orders Do Not Constitute Final Decisions Under 28 U.S.C. §1291 Unless They Dispose of All Claims Introduction The Eleventh Circuit’s decision in Tiana Hill v. Clayton County,...
Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith

Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith

Date: May 21, 2025
Establishing the Community Caretaking Limitation on Vehicle Impoundment: State v. Smith Introduction State v. Smith (Idaho Supreme Court, May 20, 2025) addresses the constitutional limits on...
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