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

Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt

Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt

Date: Apr 18, 2025
Antommarchi Waiver and Harmless‐Error Doctrine for Sidebar Exclusions Established in People v. Hoyt 1. Introduction In People v. Hoyt (2025 NYSlipOp 02241), the Appellate Division, Third Department,...
SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies

Date: Apr 18, 2025
SEC v. Barton: Clarifying the Scope of Receivership under Netsphere I for Securities Fraud Remedies Introduction The Court of Appeals for the Fifth Circuit’s decision in SEC v. Timothy Barton (No....
Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR – Matter of Town of Colonie v. City of New York

Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR – Matter of Town of Colonie v. City of New York

Date: Apr 18, 2025
Procedural Limits on Injunctive Relief: Mootness and Venue in Stay Motions under CPLR Matter of Town of Colonie v. City of New York (2025 NYSlipOp 02256) Introduction The Appellate Division, Third...
Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Conflict in Expert Testimony Prevents Summary Judgment: Matney v. Boyle Establishes Triable Issues Rule in Medical Malpractice

Date: Apr 18, 2025
New Rule: Conflicting Expert Opinions on Standard of Care and Causation Create Triable Issues Precluding Summary Judgment in Medical Malpractice Actions Introduction Matney v. Boyle, 2025 NYSlipOp...
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6)

Date: Apr 18, 2025
Mandamus as a Check on Ultra Vires Reopening of Moot Cases under Rule 60(b)(6) Introduction In In re: Gary Westcott, the United States Court of Appeals for the Fifth Circuit addressed a novel...
Factual Disputes and the Limits of Interlocutory Qualified Immunity Appeals under the Collateral Order Doctrine

Factual Disputes and the Limits of Interlocutory Qualified Immunity Appeals under the Collateral Order Doctrine

Date: Apr 18, 2025
Factual Disputes and the Limits of Interlocutory Qualified Immunity Appeals under the Collateral Order Doctrine Introduction This commentary examines the Seventh Circuit’s decision in Kelsey Smith v....
Clarifying Section 1983 Remedies: No Private Right Under § 242 & Limits on Grand Jury and Malicious-Prosecution Claims

Clarifying Section 1983 Remedies: No Private Right Under § 242 & Limits on Grand Jury and Malicious-Prosecution Claims

Date: Apr 18, 2025
Clarifying Section 1983 Remedies: No Private Right Under § 242 & Limits on Grand Jury and Malicious-Prosecution Claims Introduction Phillips v. Rose (10th Cir. Apr. 17, 2025) arises from an incident...
Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio

Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio

Date: Apr 18, 2025
Affirmation of Advisory Nature and Rational Basis for Methamphetamine Purity Conversion Ratio Introduction This commentary examines the Sixth Circuit’s decision in United States v. Rocky Leland...
Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations

Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations

Date: Apr 18, 2025
Establishing Nexus for Search Warrants Through Corroborated Informants and Occupant Declarations Introduction United States v. Reginald Hitchcock (6th Cir. 2025) arises from a Drug Enforcement...
Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis

Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis

Date: Apr 18, 2025
Mandatory Dismissal of Time-Barred Dischargeability Complaints Filed In Forma Pauperis 1. Introduction In Colebrook v. Thompson (In re Thompson), the Bankruptcy Appellate Panel for the Sixth Circuit...
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

Date: Apr 18, 2025
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b) Introduction State v. Akins, 373 Or 506 (2025), is a decision of the Supreme...
Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories

Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories

Date: Apr 18, 2025
Strict-Liability Causation in Firearms Defect Claims: Forfeiture of Untimely Dual-Defect Theories Introduction Donald and Jillian Lyons sued Saeilo, Inc., d.b.a. Kahr Arms, in the Northern District...
Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition

Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition

Date: Apr 18, 2025
Reaffirming Judicial Discretion and Best-Interest Standard in Minor Name-Change Petitions Involving Gender Transition Introduction In In the Matter of the Petition of S.M.-B. v. Mississippi State...
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke

Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke

Date: Apr 18, 2025
Negligence Liability for Domestic Animal Injuries: Overruling Bard v. Jahnke Introduction This commentary examines the landmark decision in Flanders v. Goodfellow (2025 NYSlipOp 02261), in which the...
Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13

Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13

Date: Apr 18, 2025
Enforceability of Defense Counsel’s Jury-Cost Commitment under UCRCCC 3.13 Introduction In In Re: M. Zachary Jex, 2025‐SC‐00291‐SCT (Miss. Apr. 17, 2025), the Supreme Court of Mississippi confronted...
Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith

Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith

Date: Apr 18, 2025
Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith Introduction People v. Smith (2025 NYSlipOp 02244) was decided by the Appellate Division, Third...
Federal Marijuana Possession as Basis for Reasonable Suspicion: United States v. Pavao

Federal Marijuana Possession as Basis for Reasonable Suspicion: United States v. Pavao

Date: Apr 18, 2025
Federal Marijuana Possession as Basis for Reasonable Suspicion: United States v. Pavao Introduction United States v. Pavao, decided by the First Circuit on April 17, 2025, settles a critical question...
Historical Tradition Standard Permits Massachusetts Ban on Assault Weapons and Large-Capacity Magazines

Historical Tradition Standard Permits Massachusetts Ban on Assault Weapons and Large-Capacity Magazines

Date: Apr 18, 2025
Historical Tradition Standard Permits Massachusetts Ban on Assault Weapons and Large-Capacity Magazines Introduction Capen v. Campbell, 1st Cir. No. 24-1061 (Apr. 17, 2025), is a challenge by a...
Actual Innocence Does Not Excuse AEDPA’s Statute of Limitations: Stevens v. Rankins

Actual Innocence Does Not Excuse AEDPA’s Statute of Limitations: Stevens v. Rankins

Date: Apr 18, 2025
Actual Innocence Does Not Excuse AEDPA’s Statute of Limitations: Stevens v. Rankins Introduction The Tenth Circuit’s decision in Stevens v. Rankins reaffirms the rigorous one-year statute of...
Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT.

Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT.

Date: Apr 18, 2025
Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT. Introduction In BLACK v. DIST. CT. (GOODCHILD), 141 Nev., Advance Opinion 18 (Apr. 17, 2025), the Supreme...
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