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

Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn

Date: May 3, 2025

Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn Introduction In State v. Strawn, 318 Neb. 859 (2025), the Nebraska Supreme Court addressed whether a defendant may...

Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. A.G.

Date: May 3, 2025

Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. Attorney General Introduction Juana María Portillo‐Bautista, a native and...

Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating

Date: May 3, 2025

Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating Introduction In Adger v. TA Operating, L.L.C. (5th Cir. May 2, 2025), the Fifth Circuit clarified the...

“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases

Date: May 3, 2025

“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases Introduction This commentary examines the Sixth Circuit’s decision in C.S. v. Craig McCrumb, 25-a0112p.06 (6th...

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Date: May 3, 2025

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction Introduction This commentary examines the Supreme Court of Alabama’s decision in Ex parte Tramaine Bonner,...

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

Date: May 3, 2025

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses Introduction In People v. Dozier, 238 A.D.3d 1523...

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

Date: May 2, 2025

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello Introduction United States v. Civitello is a Second Circuit summary order affirming the...

Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Date: May 2, 2025

Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez Introduction State v. Perez, 373 Or 591 (2025), is the Oregon Supreme Court’s latest guidance on...

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses

Date: May 2, 2025

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses Introduction In Keundre Parker v. State of Arkansas (2025 Ark. 55), the Supreme Court of Arkansas...

Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a)

Date: May 2, 2025

Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a) Introduction In United States v. Joseph A. Valdez, No. 24-10656 (11th Cir. May...

Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Date: May 2, 2025

Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W. Introduction In In re J.W., D.W.-1, and W.W., the Supreme Court of Appeals of West Virginia...

Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement

Date: May 2, 2025

Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement Introduction The Supreme Court of Nevada was asked to resolve a novel question of Nevada tort law in the...

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Date: May 2, 2025

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities Introduction The Supreme Court of New Hampshire’s decision in State v. Zarella, 2025...

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Date: May 2, 2025

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax Introduction Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC (No. 2023-SA-01079-SCT) is...

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

Date: May 2, 2025

The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Date: May 2, 2025

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...

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

Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn

Requirement of Diligence for Equitable Tolling and Strict Application of the INA One-Motion Rule: Portillo-Bautista v. U.S. A.G.

Non-Speculative Causation Required in Louisiana Slip-and-Fall Claims: Adger v. TA Operating

“Reasonable Forecast” of Disruption Standard in Elementary School First Amendment Cases

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

Defining the Contours of Sidebar Presence and Rule 404(b) Admissibility in United States v. Civitello

Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses

Affirmation of Upward Variance Reasonableness in Multi-Victim Cyber-Stalking & Identity Theft under 18 U.S.C. § 3553(a)

Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Proper Service Determines Applicability of the Forum Defendant Rule in Removal Jurisdiction

Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

District Courts’ Broad Discretion to Apply Uniform Percentage Reductions in Section 1988 Fee Awards

Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard