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

Reinforcing Rule 9(b) Particularity: Specific Claim Identification in Healthcare False Claims Act Suits

Reinforcing Rule 9(b) Particularity: Specific Claim Identification in Healthcare False Claims Act Suits

Date: Apr 23, 2025
Reinforcing Rule 9(b) Particularity: Specific Claim Identification in Healthcare False Claims Act Suits Introduction U.S. ex rel. Erik Olsen v. Tenet Healthcare Corp. (6th Cir. Apr. 22, 2025) arises...
Limiting Redundant Robbery Predicates in Felony Murder: United States v. Jackson

Limiting Redundant Robbery Predicates in Felony Murder: United States v. Jackson

Date: Apr 23, 2025
Limiting Redundant Robbery Predicates in Felony Murder: United States v. Jackson Introduction United States v. Jackson (10th Cir. Apr. 22, 2025) addresses whether a defendant can be punished...
United States v. Smith: Circumstantial Evidence, Premeditation, and Harmless Juror Misconduct

United States v. Smith: Circumstantial Evidence, Premeditation, and Harmless Juror Misconduct

Date: Apr 23, 2025
United States v. Smith: Circumstantial Evidence, Premeditation, and Harmless Juror Misconduct 1. Introduction In United States v. Smith, 23-7087 (10th Cir. Apr. 22, 2025), the Tenth Circuit...
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status

Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status

Date: Apr 23, 2025
Prima Facie “Strong Likelihood” Standard for Reopening Removal Proceedings to Pursue Post-Proceedings Marriage-Based Adjustment of Status Introduction The consolidated appeals in Ansar Hussen Hussen...
Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA

Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA

Date: Apr 23, 2025
Emphasizing Particularity and Non-Ascertainability in Trade-Secret Claims under DTSA and OUTSA Introduction Double Eagle Alloys, Inc. v. Hooper, No. 24-5089 (10th Cir. Apr. 22, 2025), marks an...
Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs

Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs

Date: Apr 23, 2025
Any Increase in the Scope of Services: Broadening Medicaid Reimbursement for FQHCs Introduction Family Health Centers of Southwest Florida, Inc. v. Secretary, Florida Agency for Health Care...
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Date: Apr 23, 2025
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections Introduction The Supreme Court of Appeals of West Virginia in State of West...
United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty

United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty

Date: Apr 23, 2025
United States v. Fowler: Inapplicability of the Miranda Exclusionary Rule at Sentencing Absent Intent to Enhance Penalty Introduction United States v. Fowler, decided by the Tenth Circuit on April...
Immediacy Requirement for Constitutionally Permissible Use of Deadly Force Against Household Pets

Immediacy Requirement for Constitutionally Permissible Use of Deadly Force Against Household Pets

Date: Apr 23, 2025
Immediacy Requirement for Constitutionally Permissible Use of Deadly Force Against Household Pets Introduction Love v. Grashorn, decided by the United States Court of Appeals for the Tenth Circuit on...
Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Date: Apr 23, 2025
Due Process Confrontation Balancing in Probation Revocation: State v. Wade Introduction The Connecticut Supreme Court’s decision in State of Connecticut v. Jaquan Wade (SC 20983, decided April 22,...
Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs

Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs

Date: Apr 23, 2025
Establishing the Reduced Presumption and Burden of Proof in Forum Non Conveniens Dismissals Involving Foreign Plaintiffs Introduction This commentary examines the Eleventh Circuit’s decision in JTC...
Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Date: Apr 23, 2025
Affirmation of Res Judicata in Successive Habeas Corpus Petitions Introduction In Michael Dewayne Hicks v. Donald Ames, Superintendent, the Supreme Court of Appeals of West Virginia addressed the...
Affirming §922(g)(1) and Clarifying Plain-Error Limits on Coerced Evidentiary Stipulations in United States v. Mayfield

Affirming §922(g)(1) and Clarifying Plain-Error Limits on Coerced Evidentiary Stipulations in United States v. Mayfield

Date: Apr 23, 2025
Affirming §922(g)(1) and Clarifying Plain-Error Limits on Coerced Evidentiary Stipulations in United States v. Mayfield Introduction United States v. Mayfield (10th Cir. 2025) addresses two...
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Date: Apr 23, 2025
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier Introduction In Kiera Isgrig v. Trustees of Indiana University (Ind. 2025), the Indiana Supreme Court for the first time...
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Date: Apr 23, 2025
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State) Introduction Washington v. State, decided April 22, 2025 by the Supreme Court of Delaware,...
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Date: Apr 23, 2025
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge Introduction In State v. Rutledge, 2025 MT 79N, the Supreme Court of Montana addressed...
Limits on Compassionate-Release Policy: Invalidating U.S.S.G. §1B1.13(b)(6) – Nonretroactivity & Separation of Powers

Limits on Compassionate-Release Policy: Invalidating U.S.S.G. §1B1.13(b)(6) – Nonretroactivity & Separation of Powers

Date: Apr 23, 2025
Limits on Compassionate-Release Policy: Invalidating U.S.S.G. §1B1.13(b)(6) – Nonretroactivity & Separation of Powers Introduction United States v. Bricker; United States v. Ellis McHenry; United...
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement

Date: Apr 23, 2025
Smartphones Are “Computers” Under U.S.S.G. §2G2.2(b)(6): Third Circuit Clarifies Digital-Format Enhancement Introduction United States v. Randal Wise, 24-2460 (3d Cir. Apr. 22, 2025), presents a...
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering

Date: Apr 23, 2025
United States v. Acevedo: Standards for Sufficiency and Jury Instruction in 18 U.S.C. §1959(a)(1) Murder in Aid of Racketeering Introduction United States v. Acevedo (2d Cir. 2025) is a summary order...
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion

Date: Apr 23, 2025
Esteban-Ramirez v. Bondi: Exclusion of “Witness to a Crime” as a Particular Social Group and Mandatory CAT Claim Exhaustion Introduction In Esteban-Ramirez v. Bondi, 22-6434 (2d Cir. Apr. 22, 2025),...
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