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

Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43

Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43

Date: Apr 30, 2025
Defining “Reasonable Clarity” in Public Records Requests and the Mootness Doctrine under R.C. 149.43 Introduction This case arises from an original mandamus action brought by Estephen Castellon, a...
Border Search Exception for Electronic Devices and Restitution Notice Flexibility in United States v. Grimes

Border Search Exception for Electronic Devices and Restitution Notice Flexibility in United States v. Grimes

Date: Apr 30, 2025
Border Search Exception for Electronic Devices and Restitution Notice Flexibility Introduction United States v. Stephen Gordon Grimes, Jr., decided by the Eleventh Circuit on April 29, 2025,...
Validation of Felon-in-Possession Prohibition and Sentencing Cross-Reference for Attempted Murder in United States v. Hernandez

Validation of Felon-in-Possession Prohibition and Sentencing Cross-Reference for Attempted Murder in United States v. Hernandez

Date: Apr 30, 2025
Validation of Felon-in-Possession Prohibition and Sentencing Cross-Reference for Attempted Murder in United States v. Hernandez Introduction United States v. Hernandez (5th Cir. 2025) addresses two...
Insurer Standing and Plan Confirmation: Good Faith and §524(g) Compliance in Asbestos Chapter 11 Reorganization

Insurer Standing and Plan Confirmation: Good Faith and §524(g) Compliance in Asbestos Chapter 11 Reorganization

Date: Apr 30, 2025
Insurer Standing and Plan Confirmation: Good Faith and §524(g) Compliance in Asbestos Chapter 11 Reorganization Introduction Truck Insurance Exchange v. Kaiser Gypsum Company, Inc., No. 21-1858 (4th...
Federal Circuit’s Exclusive Jurisdiction over Compulsory Patent-Misuse Counterclaims

Federal Circuit’s Exclusive Jurisdiction over Compulsory Patent-Misuse Counterclaims

Date: Apr 30, 2025
Federal Circuit’s Exclusive Jurisdiction over Compulsory Patent-Misuse Counterclaims Introduction In Honeywell International, Inc. v. OPTO Electronics Co., Ltd. (4th Cir. Apr. 29, 2025), Honeywell...
Denial of Cancellation of Removal Based on Fraud Under §1101(f) Catchall and the Waiver of Fifth Amendment Privilege

Denial of Cancellation of Removal Based on Fraud Under §1101(f) Catchall and the Waiver of Fifth Amendment Privilege

Date: Apr 30, 2025
Denial of Cancellation of Removal Based on Fraud Under §1101(f) Catchall and the Waiver of Fifth Amendment Privilege Introduction The Fourth Circuit’s decision in Adolfo Acevedo Ibarra v. Pamela...
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges

Date: Apr 30, 2025
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges Introduction Raymond McCarty and three fellow registered Missouri voters (“Contestants”) filed...
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief

Date: Apr 30, 2025
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief Introduction In In re Robert J. Branson v. Michael Shewmaker, Warden (Missouri Supreme Court,...
Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities

Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities

Date: Apr 29, 2025
Accounting for Pre-Production Emissions in State Implementation Plans: Limiting Unjustified Carve-Outs for Drilling and Fracking Activities Introduction The Clean Air Act requires states to adopt...
Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo

Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo

Date: Apr 29, 2025
Shepard Documents and Forfeiture in Career-Offender Sentencing: United States v. Payo Introduction This commentary examines the Third Circuit’s decision in United States v. David Payo (No. 19-1631,...
Qualified Immunity Shields Child Protective Workers and Medical Consultants in Emergency Seizures

Qualified Immunity Shields Child Protective Workers and Medical Consultants in Emergency Seizures

Date: Apr 29, 2025
Qualified Immunity Shields Child Protective Workers and Medical Consultants in Emergency Seizures Introduction Erika Mabes and Brian Mabes brought suit under 42 U.S.C. § 1983 after the Indiana...
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia

Date: Apr 29, 2025
Presumption Against Exclusion of Defense Witnesses and Clarified Application of Rule 5-502 and McCarty Balancing in State v. Garcia Introduction State v. Garcia (2025-NM-SC-40221 consolidated with...
Enforceability of Appeal Waivers and Non-Binding Plea Stipulations under Rule 11(c)(1)(B)

Enforceability of Appeal Waivers and Non-Binding Plea Stipulations under Rule 11(c)(1)(B)

Date: Apr 29, 2025
Enforceability of Appeal Waivers and Non-Binding Plea Stipulations under Rule 11(c)(1)(B) Introduction United States v. Derrick Kellen Mitchell, decided by the Sixth Circuit on April 28, 2025,...
United States v. Ninsawat: Internet as a Facility of Interstate Commerce in Federal Child Exploitation Statutes

United States v. Ninsawat: Internet as a Facility of Interstate Commerce in Federal Child Exploitation Statutes

Date: Apr 29, 2025
United States v. Ninsawat: Internet as a Facility of Interstate Commerce in Federal Child Exploitation Statutes Introduction United States v. Nopphadon Ninsawat (6th Cir. Apr. 28, 2025) addresses the...
Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss

Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss

Date: Apr 29, 2025
Atypical and Significant Hardship Standard Bars Inmate Due Process Claims for Segregation, Parole, and Job Loss Introduction This commentary examines the Third Circuit’s April 28, 2025 per curiam...
Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc.

Date: Apr 29, 2025
Constructive Employer Liability and Harmless Hearsay: New Frontiers in Hostile Work Environment Litigation in Smart v. USA Labor for Hire, Inc. Introduction Smart v. USA Labor for Hire, Inc. (No....
The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA

The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA

Date: Apr 29, 2025
The Extraterritorial High-Seas Jurisdiction Principle Under the MDLEA Introduction United States v. Yeiner Herrera-Barroz, No. 24-10149 (11th Cir. Apr. 28, 2025), addresses the U.S. government’s...
United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release

United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release

Date: Apr 29, 2025
United States v. Marcle: Standards for Imposing Post-Revocation Supervised Release Introduction The Eleventh Circuit’s decision in United States v. Jerry William Marcle (No. 25-10362, decided April...
Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation

Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation

Date: Apr 29, 2025
Threshold Standards for Counsel Appointment and Access-to-Courts in §1983 Prisoner Litigation Introduction In Lewis v. Zmuda, 10th Cir. No. 24-3098 (Apr. 28, 2025), plaintiff Tony Tremayne Lewis, an...
Qualified Immunity in Child Welfare Proceedings: Individualized Analysis of Medical Consultants and Caseworkers

Qualified Immunity in Child Welfare Proceedings: Individualized Analysis of Medical Consultants and Caseworkers

Date: Apr 29, 2025
Qualified Immunity in Child Welfare Proceedings: Individualized Analysis of Medical Consultants and Caseworkers Introduction Erika Mabes v. Angela McFeeley is a Seventh Circuit decision clarifying...
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