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new-precedent-on... Case Commentaries

Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension

Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension

Date: Nov 15, 2025
Identical Discipline Under SCR 22.22: Minnesota Disbarment Equals Wisconsin Revocation, Not Suspension Introduction In Office of Lawyer Regulation v. Michael B. Padden, 2025 WI 47, the Wisconsin...
Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences

Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences

Date: Nov 15, 2025
Reciprocal Discipline Clarified: Wisconsin Revocation Is the Identical Sanction to Minnesota Disbarment, Despite Reinstatement Differences Introduction In Office of Lawyer Regulation v. Michael B....
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles

Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles

Date: Nov 15, 2025
Section 204B.44 Is Election-Specific: Post-Election Petitions Are Moot and Cannot Be Reframed for Future Cycles Introduction In Benda for Common-sense, a Minnesota Non-Profit Corporation, and...
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota

Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota

Date: Nov 15, 2025
Refusal of the Warrant-Specified Chemical Test Alone Supports Criminal Test-Refusal in Minnesota Introduction In State of Minnesota v. Brian Russell Lueck, A24-0250 (Minn. Nov. 12, 2025), the...
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County

Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County

Date: Nov 15, 2025
Cross‑Docket Pre‑Filing Injunctions and the Limits of “Seizure‑by‑Process”: Commentary on Ferrara v. Travis County Introduction In Ferrara v. Travis County, the Fifth Circuit (summary calendar, per...
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only

Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only

Date: Nov 15, 2025
Prewitt v. McDaniel: No Jury/Venue Rights for Petty Traffic Offenses and Objective, Fact-Based Recusal Only Court: United States Court of Appeals for the Fifth Circuit Date: November 11, 2025 Docket...
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment: United States v. Horton (5th Cir. 2025)

Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment: United States v. Horton (5th Cir. 2025)

Date: Nov 15, 2025
Death-Resulting Conduct May Support a Statutory-Max Upward Variance Under §3553(a) After the 2024 §2D1.1 Amendment Commentary on United States v. Horton, No. 24-50938 (5th Cir. Nov. 11, 2025)...
Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child

Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child

Date: Nov 15, 2025
Expanding “Violence” Beyond Physical Force: State v. Shores and Preventive Detention for Lewd or Lascivious Conduct with a Child I. Introduction The Vermont Supreme Court’s decision in State v. Cody...
Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska

Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska

Date: Nov 15, 2025
Strict Enforcement of Procurement-Code Exhaustion and Prevailing-Party Fees: Commentary on JBG Memorial, LLC v. State of Alaska I. Introduction JBG Memorial, LLC v. State of Alaska, Department of...
Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits)

Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits)

Date: Nov 15, 2025
Limiting Alaska’s Constitutional “Whole‑Project” Analysis to State‑Owned Resources: Commentary on Orutsararmiut Native Council v. Boyle (Donlin Mine Permits) I. Introduction This consolidated...
Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring)

Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring)

Date: Nov 15, 2025
Permanent vs. Temporary Foster Placement and Appellate Review in West Virginia: Commentary on In re M.B. (Ewing, J., concurring) I. Introduction This commentary analyzes Justice Ewing’s concurring...
Broad Stop‑Sale Authority and Strict Record Requirements in Cannabis Enforcement: Commentary on In re Holland Cannabis, LLC, 2025 VT 61

Broad Stop‑Sale Authority and Strict Record Requirements in Cannabis Enforcement: Commentary on In re Holland Cannabis, LLC, 2025 VT 61

Date: Nov 15, 2025
Broad Stop‑Sale Authority of the Cannabis Control Board and Strict Record Requirements for Bias Claims: Commentary on In re Holland Cannabis, LLC, 2025 VT 61 I. Introduction In In re Holland...
No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B.

No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B.

Date: Nov 14, 2025
No Yoder for Foster Parents: The Primacy of the Child’s Best Interests in Religious Foster Placements – Commentary on Justice Trump’s Concurrence in In re M.B. Introduction The concurring opinion by...
In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings

In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings

Date: Nov 14, 2025
In re W.M.: Enforcing Rule 26(a)’s Two‑Part Standard for Stipulated Adjudications in West Virginia Child Abuse and Neglect Proceedings I. Introduction The Supreme Court of Appeals of West Virginia’s...
Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) — Commentary on In re R.B. (Bunn, J., concurring)

Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) — Commentary on In re R.B. (Bunn, J., concurring)

Date: Nov 14, 2025
Beyond the Triggering Event: Best‑Interests‑Focused Modification of Disposition under W. Va. Code § 49‑4‑606(a) Commentary on In re R.B. (Bunn, J., concurring) I. Introduction The concurring opinion...
Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D.

Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D.

Date: Nov 14, 2025
Interstate Adoptions and the UCCJEA: Jurisdictional Limits and Post‑Transfer Termination of Parental Rights in In re R.D. and S.D. I. Introduction The Supreme Court of Appeals of West Virginia’s...
Limiting the “Illegal Sentence” Exception to Appeal Waivers: Commentary on Anderson v. State

Limiting the “Illegal Sentence” Exception to Appeal Waivers: Commentary on Anderson v. State

Date: Nov 14, 2025
Limiting the “Illegal Sentence” Exception to Appeal Waivers in Indiana: Commentary on Kimberly R. Anderson v. State I. Introduction In Kimberly R. Anderson v. State of Indiana, Case No. 25S-CR-294...
Erecting a New Hospital as “Construction of a Health Care Facility”: A Comprehensive Commentary on St. Joseph’s Hospital of Buckhannon v. Stonewall Jackson Memorial Hospital Co.

Erecting a New Hospital as “Construction of a Health Care Facility”: A Comprehensive Commentary on St. Joseph’s Hospital of Buckhannon v. Stonewall Jackson Memorial Hospital Co.

Date: Nov 14, 2025
Erecting a New Hospital as “Construction of a Health Care Facility” Under West Virginia’s Certificate-of-Need Law: Commentary on St. Joseph’s Hospital of Buckhannon, Inc. v. Stonewall Jackson...
"In Exchange For" and Expungement Eligibility: Justice Trump's Textualist Dissent in In re D.K.

"In Exchange For" and Expungement Eligibility: Justice Trump's Textualist Dissent in In re D.K.

Date: Nov 14, 2025
“In Exchange For” and Expungement Eligibility under West Virginia Code § 61‑11‑25(a): A Commentary on Justice Trump’s Dissent in In re: Petition of D.K. for Expungement of Record I. Introduction This...
Mandatory Consideration of Youth at De Novo Resentencing: A Commentary on State v. Ellis

Mandatory Consideration of Youth at De Novo Resentencing: A Commentary on State v. Ellis

Date: Nov 14, 2025
Mandatory Consideration of Youth at De Novo Resentencing: Commentary on State v. Ellis (Wash. 2025) I. Introduction The Washington Supreme Court’s decision in State v. Ellis, No. 102378-2 (Nov. 13,...
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