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Fork-in-the-Road under Revised La. C.C.P. art. 3653: Courts Must Choose Between Paragraph (A)(1) and (A)(2) Based on Defendant’s Possession — Commentary on Winans v. McKay (5th Cir. 2025)...
Aggregation Controls FSA Credits: Any Disqualifying Conviction Bars First Step Act Time Credits for the Entire Aggregate Term Commentary on Gregory Allen Bonnie v. Warden Dunbar, No. 24-6665 (4th...
Post‑Hoc Alternative Grounds Do Not Cure Fabrications: Fourth Circuit Affirms Frivolous Asylum Finding and Demands Individualized Proof for Withholding/CAT Remands Case: Gurwinder Singh v. Pamela Jo...
De Novo, Not Clear Error: Fourth Circuit Requires BIA to Review Application of the § 1101(f)(6) False-Testimony Bar De Novo and Reaffirms Jurisdiction over Mixed Questions Post-Wilkinson Introduction...
"Actual Innocence Plus" Reaffirmed: The Tenth Circuit’s Gatekeeping Standard for Successive § 2254 Petitions in In re: Macklin Introduction In In re: Macklin, No. 25-6160 (10th Cir. Nov. 5, 2025),...
Thompson v. Killian: RPA Limited to Title 12 Taxes; Class Actions Against Local Governments Permitted Outside Property Tax Disputes; Unjust Enrichment Barred by SCTCA Introduction In Mark Gregory...
Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases Introduction In Marion Alexander Lindsey v. State, Opinion No....
IIED Claims Predicated on Medical Judgments Require Expert Affidavits; “Obvious Occurrence” Exception Does Not Reach Discharge and Pain‑Management Decisions — Commentary on McMahon v. Sanford, 2025...
Smith v. State: No Per Se Strickland Prejudice from 404(b) Errors; Contextual Prejudice Analysis and Record Supplementation Required Introduction In Smith v. State, 2025 ND 189 (N.D. Nov. 5, 2025),...
Playback of Evidence During Deliberations Must Occur in Open Court: Closure Violates the Public Trial Right — State v. Barrett, 2025 ND 186 Introduction In State v. Barrett, 2025 ND 186, the North...
Consecutive Misdemeanor Sentences Permitted When Offenses Target Different Victims on Different Dates: State v. Cotton (2025 ND 191) Court: Supreme Court of North Dakota Date: November 5, 2025...
Parole Practices Cannot Create an Illegal Mandatory Minimum from Lawful Consecutive Sentences: State v. Wallette, 2025 ND 190 Introduction In State v. Wallette, 2025 ND 190, the North Dakota Supreme...
State v. Watterud: Pattern Child-Testimony Can Sustain Multi-Year GSI Counts; Open-Court Playback During Deliberations Requires Proof of Actual Prejudice for Mistrial Court: Supreme Court of North...
State v. Wilson: Calibrating Waiver-of-Counsel Advisements at Probation Revocation—No Sixth Amendment Right; Tailored Warnings Under Rule 32(f)(3)(A)(iii) Suffice Court: Supreme Court of North Dakota...
Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims Introduction In Commonwealth v. Blakeney (Pa. Nov. 5,...
Maurent v. Spatny: Habeas Release Does Not Moot the State’s Appeal When Return to Custody Remains Possible Introduction In Maurent v. Spatny, 2025-Ohio-5002, the Supreme Court of Ohio clarifies a...
Jurisdiction to Resentence Persists After Federal Habeas Vacates Death Sentence; Extraordinary Writs Inapplicable to Indictment and Verdict-Form Errors Introduction In State ex rel. Allah-U-Akbar v....
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Clarifying Tenant Defenses in Commercial Lease Disputes Introduction In Diversified Building Co., LLC...
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension Court: Appellate Division of the Supreme Court, Second Judicial Department (Per Curiam)...