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

Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons

Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons

Date: Apr 16, 2025
Clarifying §2255(f)(3)’s “New Right” Exception: Bruen and Rahimi Do Not Provide Retroactive Second Amendment Relief for Felons Introduction United States v. Barragan-Gutierrez (10th Cir. Apr. 15,...
Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal

Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal

Date: Apr 16, 2025
Rule 54(b) Finality: Fraud and Warranty as a Single Claim for Appeal Introduction In Gustavo Diaz et al. v. FCA US LLC, the Third Circuit addressed the boundaries of final-order jurisdiction under 28...
Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses

Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses

Date: Apr 16, 2025
Direct Physical Control as Sufficient for Actual Possession: Clarifying the Standard in 18 U.S.C. § 922(g)(1) Offenses Introduction The case of United States v. Thompson reached the Tenth Circuit on...
Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt

Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt

Date: Apr 16, 2025
Hearsay Standards for §2K2.1(b)(6)(B) Enhancements and Bar on Collateral Attacks Post-McGirt Introduction United States v. Stapp is a published decision of the Tenth Circuit Court of Appeals, handed...
Coulter v. United States: Affirmation of But-For Causation and Discretionary Restitution Framework under the TVPRA

Coulter v. United States: Affirmation of But-For Causation and Discretionary Restitution Framework under the TVPRA

Date: Apr 16, 2025
Coulter v. United States: Affirmation of But-For Causation and Discretionary Restitution Framework under the TVPRA Introduction In United States v. Coulter, No. 24-6026 (10th Cir. Apr. 15, 2025), the...
Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard

Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard

Date: Apr 16, 2025
Adequate Explanation of Consecutive Sentences for Supervised-Release Violations: Sixth Circuit Plain Error Standard Introduction This case arises from the Sixth Circuit’s review of John Luis...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Date: Apr 16, 2025
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees

Date: Apr 16, 2025
Rejecting Presumptive Fee Matrix Reliance: Fourth Circuit’s Rule on FLSA Attorney’s Fees Introduction In Arriaza De Paredes v. Zen Nails Studio LLC, the Fourth Circuit clarified the proper approach a...
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays

Date: Apr 16, 2025
Establishing Appealability Boundaries: Final Decision Requirement for Remand Denials, Partial Dismissals, and Arbitration Stays Introduction Profit v. Coleman, decided April 15, 2025 by the United...
Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts

Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts

Date: Apr 16, 2025
Limitation of Arbitration Clauses to Policyholder–Insurer Disputes in Insurance Contracts Introduction In the summary order In Re: Orion HealthCorp, Inc., decided on April 15, 2025, the United States...
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

Date: Apr 16, 2025
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation Introduction In Re: Clayton Paul Schnyder, Jr. presents a disciplinary proceeding...
Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications

Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications

Date: Apr 16, 2025
Upholding Florida’s Parole System for Juvenile Lifers: Eighth Amendment and Due Process Implications Introduction In Robert Earl Howard et al. v. Melinda N. Coonrod et al., the United States Court of...
Discretion and Sufficiency of Explanation in § 3582(c)(2) Sentence Reductions Post-Amendment 821

Discretion and Sufficiency of Explanation in § 3582(c)(2) Sentence Reductions Post-Amendment 821

Date: Apr 16, 2025
Discretion and Sufficiency of Explanation in § 3582(c)(2) Sentence Reductions Post-Amendment 821 Introduction This commentary examines the Tenth Circuit’s decision in United States v. McDonald,...
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies

Date: Apr 16, 2025
United States v. Hall: Affirmative Defense Burden under the AKS Safe-Harbor and Joint Restitution for Health-Care Conspiracies Introduction The Fifth Circuit’s decision in United States v. Hall, No....
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Date: Apr 16, 2025
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121 Introduction This commentary examines the Supreme Court of Idaho’s decision in...
Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims

Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims

Date: Apr 16, 2025
Affirmation of Mailbox Rule Presumption and Rebuttal Standard in §1983 Due Process Claims Introduction Katergaris v. City of New York, No. 24-1889-cv (2d Cir. Apr. 15, 2025), presents a dispute over...
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Date: Apr 16, 2025
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries Introduction In Katleski v. Cazenovia Golf Club, Inc. (2025 NYSlipOp 02178), the New...
“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

Date: Apr 16, 2025
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

Date: Apr 16, 2025
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland) Introduction In People v. Cleveland (2025 NYSlipOp 02144), the New York Court of Appeals clarified when...
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
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