People v Wilkins: Automobile-Exception Probable Cause Must Target Evidence of a Crime, Not a Civil Infraction Introduction In People of Michigan v. Freddie Wilkins, III (Mich Sup Ct, July 22, 2026),...
Michigan SORA “Recapture” Registration for Nonsexual Felonies Is Cruel or Unusual Punishment (As Applied) I. Introduction People v Ellis (Mich. Sup. Ct., July 22, 2026) addresses the...
Revocable-at-Death Trust Liability to Creditors and EPIC Exemptions for 401(k) Payments and Life-Insurance Proceeds Paid to a Trustee 1. Introduction Case: In re FOWLER ESTATE / In re FOWLER TRUST...
Rule 32(i)(1)(A) Requires Follow-Up When a Defendant Denies Reviewing the PSR, and Allocution Preserves the Claim Case: United States v. Threatt (10th Cir. July 21, 2026) | Court: U.S. Court of...
Utah Bad-Faith Liability After Full-Limits Tender: No Duty to Explain Unambiguous Policy Terms Absent Ambiguity or Fraud 1. Introduction Jenkins v. Prime Insurance (10th Cir. July 21, 2026) addresses...
Tenth Circuit: A Public Library May Prohibit Displayed Signs Indoors as a Content-Neutral Time, Place, and Manner Restriction; “Chilled Speech” Standing Requires Subjective Deterrence Introduction...
Specific-Unanimity Required for Single-Count, Multi-Act Proof of Penetration; State v. Rucker Overruled 1. Introduction In State of Minnesota v. Ge Yang (Minn. July 22, 2026), the Minnesota Supreme...
U.S.S.G. § 1B1.2(d) Cannot Apply Without a Beyond-a-Reasonable-Doubt Finding That the Defendant Conspired to Each Object Offense Case: United States v. Katrail Bridges (7th Cir. July 21, 2026)...
Matter of Douglas Marshall: Text Messages Do Not Satisfy Montana’s “Signed Writing” Requirement for Contingent-Fee Agreements Without Client Adoption 1. Introduction Matter of Douglas Marshall is a...
Claim Preclusion Bars Post-Judgment Tort Claims Against an Estate and Its Personal Representative Acting Only in a Fiduciary Capacity 1. Introduction Kahle v. Estate of Tosch (Mont. 2026 MT 159N) is...
State v. Reed: No Ineffective Assistance Absent Prejudice Where Evidence Does Not Support a Lesser-Included Instruction; Bail-Jumping “Lawful Excuse” Survives Vagueness Challenge Under Trombley 1....
ICWA Diligent Inquiry and IAC in Termination: Tattoos and Speculative Parole Dates Do Not Undermine Termination Under § 41-3-609(4)(c), MCA Introduction Matter of D.J.L. and R.J.M., Youths in Need of...
Affirmance Despite an Incomplete Batson Step-Three Inquiry Where the Record Shows No Discriminatory Intent Introduction In MOTLEY (COURTNEY) v. STATE (CRIMINAL), No. 88757 (Nev. July 23, 2026), the...
Repeated Violations and Concealment of Court-Order Breaches Can Establish “Risk of Flight” Justifying Monetary Bail Under 13 V.S.A. § 7554 1. Introduction In State of Vermont v. Dennis McLaughlin...
Striking an Adjudication of Guilt Under a Deferred Sentence Is Not “Reversal or Vacatur” for Automatic Reinstatement from Interim Suspension (A.O. 9, Rule 21(F)) Case: In re Eva Vekos, Esq. (Office...
Florida Death-Warrant Litigation: Rule 3.852 Records Require a Nexus to a Colorable Claim; Speculative Lethal-Injection, Elderly, and “Execution-Pace” Challenges Are Not Cognizable I. Introduction In...
DSM Text Revisions Count as the “Most Recently Published Edition”; PTSD Presumption Rebuttal Is Not Limited to IPEs and Outdated-DSM IPEs Are Weighable Evidence 1. Introduction In Nicholas Rowe v....
Victim Allegations—Even If Inconsistent—Can Supply Probable Cause; Conditional Assurances Do Not Vitiate Consent to Home Entry Introduction Charles Friend v. City of Decatur, Illinois (7th Cir. July...
Montana’s 2026 Rule: Documented Random, Proximate Judge Reassignment and Strict Timing/Fee Controls for District Judge Substitution (§ 3-1-804, MCA) 1. Introduction In re Revised Rules on...
Counterman Does Not Invalidate Montana’s Threatening-an-Officer Statute Where It Requires Purposeful/Knowing Threats, and 911-Driven Domestic-Disturbance Exigency Can Justify Warrantless Entry...