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

Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions

Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions

Date: Apr 22, 2025
Equitable Substantial Compliance Doctrine Governs ERISA Beneficiary Designations and Standing in Interpleader Actions Introduction Morgan v. Barrera, decided by the United States Court of Appeals for...
Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine

Date: Apr 22, 2025
Limits of Plea Agreement Charge Bars: Temporal, Geographic, and Statutory Distinctions Doctrine Introduction This commentary examines the Fifth Circuit’s decision in United States v. Muhammad, No....
PLRA Exhaustion Requirement Enforced for Eighth Amendment Failure-to-Protect Claims

PLRA Exhaustion Requirement Enforced for Eighth Amendment Failure-to-Protect Claims

Date: Apr 22, 2025
PLRA Exhaustion Requirement Enforced for Eighth Amendment Failure-to-Protect Claims Introduction This commentary examines the United States Court of Appeals for the Seventh Circuit’s decision in...
Presumption of Reasonableness for Guidelines Sentencing Under U.S.S.G. §2G2.2 Upheld

Presumption of Reasonableness for Guidelines Sentencing Under U.S.S.G. §2G2.2 Upheld

Date: Apr 22, 2025
Presumption of Reasonableness for Guidelines Sentencing Under U.S.S.G. §2G2.2 Upheld Introduction This commentary examines the United States Court of Appeals for the Tenth Circuit’s decision in...
Expansion of Relevant Conduct for Firearm Enhancements under USSG §2D1.1(b)(1) and Safety-Valve Ineligibility

Expansion of Relevant Conduct for Firearm Enhancements under USSG §2D1.1(b)(1) and Safety-Valve Ineligibility

Date: Apr 22, 2025
Expansion of Relevant Conduct for Firearm Enhancements under USSG §2D1.1(b)(1) and Safety-Valve Ineligibility Introduction United States v. Kevin Charles Utnick is a published opinion of the Eleventh...
Qualified Immunity and State Sovereign Immunity in Public Health Emergencies: Porter v. Thigpen

Qualified Immunity and State Sovereign Immunity in Public Health Emergencies: Porter v. Thigpen

Date: Apr 22, 2025
Qualified Immunity and State Sovereign Immunity in Public Health Emergencies: Porter v. Thigpen Introduction Porter v. Thigpen (11th Cir. Apr. 21, 2025) concerns constitutional challenges to Governor...
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton

Date: Apr 22, 2025
Pattern-Based Evidence and Sentencing Discretion in Armed Spree Robbery: United States v. Hampton Introduction United States v. Hampton (2d Cir. Apr. 21, 2025) concerns the appeal of Justin Hampton,...
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Date: Apr 22, 2025
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act Introduction Ferlic v. Mesilla Valley Regional Dispatch Authority, decided April 21, 2025 by the Supreme Court of...
Duration-Based Constructive Notice in Premises Liability: Video Surveillance Creates Triable Issue

Duration-Based Constructive Notice in Premises Liability: Video Surveillance Creates Triable Issue

Date: Apr 22, 2025
Duration-Based Constructive Notice in Premises Liability: Video Surveillance Creates Triable Issue Introduction This commentary examines the Seventh Circuit’s decision in Reyna Cruz v. Costco...
Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints

Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints

Date: Apr 22, 2025
Permissive Treble Damages Under Michigan Consumer Statutes and Due Process Constraints Introduction This opinion commentary examines the Sixth Circuit’s decision in Tina McPherson v. Suburban Ann...
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks

Date: Apr 22, 2025
Enforceability of Collateral-Review Waivers Against Post-Davis § 924(c) Attacks 1. Introduction The case of United States v. Jones (5th Cir. Apr. 21, 2025) arises from Cedric Ray Jones’s guilty plea...
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards

Date: Apr 22, 2025
Epley v. Lopez: Mandamus Prerequisite for §1404(a) Transfers and Prisoner Medical Claim Standards Introduction In Epley v. Lopez, No. 23-10374 (5th Cir. April 21, 2025), Charles Epley—a Texas inmate...
Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates

Date: Apr 22, 2025
Defining “Extreme Deprivation”: Eighth Amendment Conditions of Confinement and Qualified Immunity for Hospitalized Inmates Introduction Derrick Coleman and Tangy Coleman (collectively, “Appellants”)...
Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing

Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing

Date: Apr 22, 2025
Affirmation of Broad Discretion in Mandatory Supervised Release Revocation Sentencing Introduction United States v. Brandon Sanders (11th Cir. April 21, 2025) addresses the scope of a district...
Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher

Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher

Date: Apr 22, 2025
Permissible Ex Parte Consultations with Probation Officers in Sentencing: United States v. Fletcher 1. Introduction United States v. Fletcher, 23-6693 (2d Cir. Apr. 21, 2025) addresses two core...
Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence

Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence

Date: Apr 22, 2025
Enforceability of Appeal Waivers in Plea Agreements: Scope and Limited Exceptions under Second Circuit Jurisprudence Introduction United States v. Graham, No. 24-292 (2d Cir. Apr. 21, 2025) addresses...
Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals

Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals

Date: Apr 22, 2025
Reaffirming Substantial Evidence Deference and Temporal Limits on Medical Records in SSA Disability Appeals Introduction In Simpson v. Commissioner of Social Security, the U.S. Court of Appeals for...
Extension of Freestanding Actual Innocence Claims to Plea Convictions

Extension of Freestanding Actual Innocence Claims to Plea Convictions

Date: Apr 22, 2025
Extension of Freestanding Actual Innocence Claims to Plea Convictions Introduction This commentary examines the Supreme Court of New Mexico’s decision in State v. Green, No. S-1-SC-39283 (Apr. 21,...
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A)

Date: Apr 22, 2025
End-of-Plan Completion Requirement for Unsecured Claims under 11 U.S.C. § 1325(b)(1)(A) Introduction In Bassel v. Durand-Day, two above-median-income Chapter 13 debtors—Victoria Florita Durand-Day...
Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements

Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements

Date: Apr 22, 2025
Mandatory Explanation of Upward Variances Beyond Applicable Guidelines Enhancements Introduction United States v. Timothy Gritman, No. 24-1351 (3d Cir. Apr. 21, 2025), addresses an important...
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