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  • Commentaries
  • Judgments

new-precedent-on... Case Commentaries

Prior Sexual Assault Evidence, Constructive Amendment, and Harmless Guideline Error in High-Offense-Level Sentencings: Commentary on United States v. Copeland

Prior Sexual Assault Evidence, Constructive Amendment, and Harmless Guideline Error in High-Offense-Level Sentencings: Commentary on United States v. Copeland

Date: Dec 20, 2025
Prior Sexual Assault Evidence, Constructive Amendment, and Harmless Guideline Error in High-Offense-Level Sentencings: Commentary on United States v. Copeland Note: The decision in United States v....
United States v. Davis and the Limits of Attempt Reductions and Consecutive Sentencing under the Hobbs Act

United States v. Davis and the Limits of Attempt Reductions and Consecutive Sentencing under the Hobbs Act

Date: Dec 20, 2025
United States v. Davis and the Limits of Attempt Reductions and Consecutive Sentencing under the Hobbs Act I. Introduction United States v. Davis, No. 24-989 (2d Cir. Dec. 19, 2025) (summary order),...
Materiality of Undisclosed Child Sexual Abuse in Naturalization Fraud: Commentary on United States v. Chavez (11th Cir. 2025)

Materiality of Undisclosed Child Sexual Abuse in Naturalization Fraud: Commentary on United States v. Chavez (11th Cir. 2025)

Date: Dec 20, 2025
Materiality of Undisclosed Child Sexual Abuse in Naturalization Fraud: Commentary on United States v. Chavez (11th Cir. 2025) I. Introduction This commentary examines the Eleventh Circuit’s...
Walthour v. Middle Georgia Family Rehab: Eleventh Circuit Reinforces Limits on Using Rule 41(a) to Manufacture Appellate Finality

Walthour v. Middle Georgia Family Rehab: Eleventh Circuit Reinforces Limits on Using Rule 41(a) to Manufacture Appellate Finality

Date: Dec 20, 2025
Walthour v. Middle Georgia Family Rehab: Eleventh Circuit Reinforces Limits on Using Rule 41(a) to Manufacture Appellate Finality I. Introduction In Joshua Walthour v. Middle Georgia Family Rehab...
Macri v. Brower: Eleventh Circuit Reaffirms Limits on Probable Cause in Warrant-Based Malicious Prosecution and Mistaken Interpretations of Georgia’s Gambling Laws

Macri v. Brower: Eleventh Circuit Reaffirms Limits on Probable Cause in Warrant-Based Malicious Prosecution and Mistaken Interpretations of Georgia’s Gambling Laws

Date: Dec 20, 2025
Macri v. Brower: Eleventh Circuit Reaffirms Limits on Probable Cause in Warrant-Based Malicious Prosecution and Mistaken Interpretations of Georgia’s Gambling Laws I. Introduction The Eleventh...
Issue Forfeiture and Appeals Council Discretion in Social Security Disability Appeals: Commentary on Patrick J.P. Leach v. Commissioner of Social Security

Issue Forfeiture and Appeals Council Discretion in Social Security Disability Appeals: Commentary on Patrick J.P. Leach v. Commissioner of Social Security

Date: Dec 20, 2025
Issue Forfeiture and Appeals Council Discretion in Social Security Disability Appeals: Commentary on Patrick J.P. Leach v. Commissioner of Social Security I. Introduction The Eleventh Circuit’s...
Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association

Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association

Date: Dec 20, 2025
Pension Obligation Bonds and the “Obligation Imposed by Law” Exception: Commentary on City of San José v. Howard Jarvis Taxpayers Association I. Introduction The California Supreme Court’s opinion in...
Misstatements of Law and Self‑Defense Instructions Do Not Invalidate an Otherwise Valid Guilty Plea under Crim.R. 11: Commentary on State v. Gowdy, 2025‑Ohio‑5575

Misstatements of Law and Self‑Defense Instructions Do Not Invalidate an Otherwise Valid Guilty Plea under Crim.R. 11: Commentary on State v. Gowdy, 2025‑Ohio‑5575

Date: Dec 20, 2025
Misstatements of Law and Self‑Defense Instructions Do Not Invalidate an Otherwise Valid Guilty Plea under Crim.R. 11: Commentary on State v. Gowdy, 2025‑Ohio‑5575 I. Introduction The Supreme Court of...
Accrual of Virginia Whistleblower Claims at the First Prohibited Retaliatory Act: Commentary on Ingleside Emergency Group, LLC v. Hollis

Accrual of Virginia Whistleblower Claims at the First Prohibited Retaliatory Act: Commentary on Ingleside Emergency Group, LLC v. Hollis

Date: Dec 20, 2025
Accrual of Virginia Whistleblower Claims at the First Prohibited Retaliatory Act: Commentary on Ingleside Emergency Group, LLC v. Hollis I. Introduction In Ingleside Emergency Group, LLC v. Hollis,...
Commonwealth v. Brawner: Willful Nonpayment of Court Costs, Indigence, and Community Service in Probation Revocations

Commonwealth v. Brawner: Willful Nonpayment of Court Costs, Indigence, and Community Service in Probation Revocations

Date: Dec 20, 2025
Commonwealth v. Brawner: Willful Nonpayment of Court Costs, Indigence, and Community Service in Probation Revocations I. Introduction Commonwealth v. Brawner (Supreme Court of Virginia, Dec. 18,...
In re Hargrove: Weak Touch DNA, Collateral Credibility Attacks, and the High Bar for Biological Actual Innocence in Virginia

In re Hargrove: Weak Touch DNA, Collateral Credibility Attacks, and the High Bar for Biological Actual Innocence in Virginia

Date: Dec 20, 2025
In re Hargrove: Weak Touch DNA, Collateral Credibility Attacks, and the High Bar for Biological Actual Innocence in Virginia 1. Introduction In In re: Corey Hargrove, decided December 18, 2025, the...
Standing, Taxpayer Suits, and the End of the Public-Right Doctrine: Commentary on State ex rel. Martens v. Findlay, 2025-Ohio-5589

Standing, Taxpayer Suits, and the End of the Public-Right Doctrine: Commentary on State ex rel. Martens v. Findlay, 2025-Ohio-5589

Date: Dec 20, 2025
Standing Limits on Taxpayer Mandamus Actions and the Aftermath of Sheward: A Commentary on State ex rel. Martens v. Findlay, 2025-Ohio-5589 I. Introduction The Supreme Court of Ohio’s decision in...
Foreseeability and Metabolite-Based OVI: Proximate Cause as a Distinct Element in Aggravated Vehicular Assault after State v. Balmert

Foreseeability and Metabolite-Based OVI: Proximate Cause as a Distinct Element in Aggravated Vehicular Assault after State v. Balmert

Date: Dec 20, 2025
Foreseeability and Metabolite-Based OVI: Proximate Cause as a Distinct Element in Aggravated Vehicular Assault after State v. Balmert I. Introduction The Supreme Court of Ohio’s decision in State v....
Per‑Request Statutory Damages and Mootness in Ohio Public-Records Mandamus: Commentary on State ex rel. Castellon v. Swallow

Per‑Request Statutory Damages and Mootness in Ohio Public-Records Mandamus: Commentary on State ex rel. Castellon v. Swallow

Date: Dec 20, 2025
Per‑Request Statutory Damages and Mootness in Ohio Public-Records Mandamus: Commentary on State ex rel. Castellon v. Swallow, 2025‑Ohio‑5576 I. Introduction The Supreme Court of Ohio’s decision in...
Crim.R. 33(A)(6) Requires Evidentiary, Not Necessarily Oral, Hearings on Newly Discovered Evidence Motions: Commentary on State v. Bostick

Crim.R. 33(A)(6) Requires Evidentiary, Not Necessarily Oral, Hearings on Newly Discovered Evidence Motions: Commentary on State v. Bostick

Date: Dec 20, 2025
Crim.R. 33(A)(6) Requires Evidentiary, Not Necessarily Oral, Hearings on Motions for New Trial Based on Newly Discovered Evidence: Commentary on State v. Bostick, 2025‑Ohio‑5559 I. Introduction In...
Ephemeral Digital Records and the “Kept By” Requirement under Ohio’s Public Records Act: Commentary on State ex rel. Clark v. Dept. of Rehabilitation & Correction

Ephemeral Digital Records and the “Kept By” Requirement under Ohio’s Public Records Act: Commentary on State ex rel. Clark v. Dept. of Rehabilitation & Correction

Date: Dec 20, 2025
Ephemeral Digital Records and the “Kept By” Requirement under Ohio’s Public Records Act: Commentary on State ex rel. Clark v. Dept. of Rehabilitation & Correction, 2025‑Ohio‑5552 I. Introduction In...

    Contract Limits vs. Cyber-Fraud Losses:
    Coffee Capital & Development, LLC v. RPT Restaurant Accounting Services, LLC
    and Michigan’s “Separate and Distinct Duty” Requirement

Contract Limits vs. Cyber-Fraud Losses: Coffee Capital & Development, LLC v. RPT Restaurant Accounting Services, LLC and Michigan’s “Separate and Distinct Duty” Requirement

Date: Dec 20, 2025
Contract Limits vs. Cyber-Fraud Losses: Coffee Capital & Development, LLC v. RPT Restaurant Accounting Services, LLC and Michigan’s “Separate and Distinct Duty” Requirement Introduction Coffee...
Defining Fourth Amendment “Seizures” of Students: The Sixth Circuit Adopts a Reasonable-Suspicion Standard in Halasz v. Cass City Public Schools

Defining Fourth Amendment “Seizures” of Students: The Sixth Circuit Adopts a Reasonable-Suspicion Standard in Halasz v. Cass City Public Schools

Date: Dec 20, 2025
Defining Fourth Amendment “Seizures” of Students: The Sixth Circuit Adopts a Reasonable-Suspicion Standard in Halasz v. Cass City Public Schools I. Introduction In Charity Halasz v. Cass City Public...
Congressional Authorization of Double-Counting for Drug Premises Offenses: The Sixth Circuit’s Decision in United States v. Willis

Congressional Authorization of Double-Counting for Drug Premises Offenses: The Sixth Circuit’s Decision in United States v. Willis

Date: Dec 20, 2025
Congressional Authorization of Double-Counting for Drug Premises Offenses: The Sixth Circuit’s Decision in United States v. Willis I. Introduction In United States v. Joe'Veon Penson Willis, No....
Requiring Detailed “Active Efforts” Findings in ICWA Termination Cases: Commentary on In the Interest of J.C., 2025 ND 217 (N.D. 2025)

Requiring Detailed “Active Efforts” Findings in ICWA Termination Cases: Commentary on In the Interest of J.C., 2025 ND 217 (N.D. 2025)

Date: Dec 20, 2025
Requiring Detailed “Active Efforts” Findings in ICWA Termination Cases: Commentary on In the Interest of J.C., 2025 ND 217 (N.D. 2025) I. Introduction The North Dakota Supreme Court’s decision in In...
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