no-formal-hierarchy-required:-third-circuit-affirms-tier-iii-designation-of-the-grey-wolves-and-broad-reach-of-the-ina’s-material-support-bar Case Commentaries

State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege

Date: Jul 31, 2026

State v. Trevizo: Three-Part Waiver Test for Third-Party Presence and a Narrow Mandatory-Reporting Exception to Physician-Patient Privilege 1. Introduction In State v. Trevizo (N.M. July 30, 2026),...

Disbarment Presumed When Felony Payroll-Tax Crime Arises from Law Practice and Client Funds Are Intentionally Misappropriated

Date: Jul 31, 2026

Disbarment Presumed When Felony Payroll-Tax Crime Arises from Law Practice and Client Funds Are Intentionally Misappropriated Introduction In In re Petition for Disciplinary Action against Kassius O....

Conspiracy to Commit First-Degree Controlled-Substance Sale Requires Intent as to Statutory Weight Threshold

Date: Jul 31, 2026

Conspiracy to Commit First-Degree Controlled-Substance Sale Requires Intent as to Statutory Weight Threshold Case: State of Minnesota v. Mohamed Abdulgani Ahmed (Minn. Sup. Ct. July 29, 2026) Author:...

Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change

Date: Jul 31, 2026

Post-Termination Visitation Requires Best-Interests Findings Under Amended Rule 15(b)(2)(A), and Case-Plan “Compliance” Does Not Bar Termination Absent Real Parenting Change 1. Introduction Case: In...

Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1)

Date: Jul 31, 2026

Confidentiality in Abuse-and-Neglect Cases Authorizes Limits on Public Disclosures; Disposition Is Not a Vehicle to Relitigate Adjudication (In re M.M.-1) Introduction In In re M.M.-1 (W. Va. July...

Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination

Date: Jul 31, 2026

Separation from an Abuser Alone Does Not Substantially Correct “Failure-to-Protect” Conditions Warranting Termination Case: In re J.H., No. 25-545 (W. Va. Sup. Ct. App. July 28, 2026) (memorandum...

State v. Martinez: “Damage” Under Montana Criminal Mischief (§ 45-6-101(1)(a), MCA) Requires Proof of Damage Producing Pecuniary Loss; Ability-to-Pay Requires a Serious, Evidence-Based Inquiry

Date: Jul 31, 2026

State v. Martinez: “Damage” Under Montana Criminal Mischief (§ 45-6-101(1)(a), MCA) Requires Proof of Damage Producing Pecuniary Loss; Ability-to-Pay Requires a Serious, Evidence-Based Inquiry 1....

Abandonment as Aggravated Circumstance: Discretionary Denial of Improvement Period and Excusal of DHS Reunification Efforts

Date: Jul 31, 2026

Abandonment as Aggravated Circumstance: Discretionary Denial of Improvement Period and Excusal of DHS Reunification Efforts Case: In re D.C., No. 25-718 (W. Va. Sup. Ct. App. July 28, 2026)...

Missed Special-Needs Medical Care and Supervision Lapses as Neglect—and Termination—Despite Partial Improvement-Period Compliance

Date: Jul 31, 2026

Missed Special-Needs Medical Care and Supervision Lapses as Neglect—and Termination—Despite Partial Improvement-Period Compliance Introduction In re B.H. and R.H. (W. Va. Sup. Ct. App. July 28, 2026)...

Michigan’s New Cruel-or-Unusual-Punishment Framework for Pre-Aaron Felony Murder: Burden-Shifting Review of Mandatory LWOP and Parole-Eligibility Remedy

Date: Jul 31, 2026

Michigan’s New Cruel-or-Unusual-Punishment Framework for Pre-Aaron Felony Murder: Burden-Shifting Review of Mandatory LWOP and Parole-Eligibility Remedy I. Introduction People of Michigan v. Edwin...

Montana Uniform District Court Rules: Statewide Uniform Procedure, Mandatory Motion Conferencing, and New Simplified/Informal Trial Frameworks

Date: Jul 31, 2026

Montana Uniform District Court Rules: Statewide Uniform Procedure, Mandatory Motion Conferencing, and New Simplified/Informal Trial Frameworks Introduction On July 28, 2026 (Case No. AF 07-0110), the...

Settled-Party Comparative-Fault Defense Is Not a “Malpractice Claim” Triggering § 26-2-601 Expert-Qualification Limits

Date: Jul 31, 2026

Settled-Party Comparative-Fault Defense Is Not a “Malpractice Claim” Triggering § 26-2-601 Expert-Qualification Limits Introduction Stricker v. Blaine County (Mont. 2026 MT 170N) is the fourth...

Res Judicata Bars Untimely Collateral Restitution Challenges; § 46-18-246, MCA Permits Prospective Reduction to Zero Upon Proven Inability to Pay

Date: Jul 31, 2026

Res Judicata Bars Untimely Collateral Restitution Challenges; § 46-18-246, MCA Permits Prospective Reduction to Zero Upon Proven Inability to Pay Introduction In State v. J. Rodriguez (Mont. Sup. Ct....

State v. Thomas (2026 MT 171N): Vague Continuance Requests and Non-Substantial Counsel Complaints Do Not Compel Delay or Substitute Counsel—Especially Where Defendant Insists on Speedy Trial

Date: Jul 31, 2026

State v. Thomas (2026 MT 171N): Vague Continuance Requests and Non-Substantial Counsel Complaints Do Not Compel Delay or Substitute Counsel—Especially Where Defendant Insists on Speedy Trial...

Adoption-Act Terminations Must Include the “Strictly Necessary” Best-Interest Finding (Ross v. Kracht, 2026 UT 22)

Date: Jul 31, 2026

Adoption-Act Terminations Must Include the “Strictly Necessary” Best-Interest Finding Ross v. Kracht, 2026 UT 22 (Utah Supreme Court, July 30, 2026) I. Introduction Parties. Julie Ross and Gerald...

New Jersey Clarifies Brady Materiality: “Reasonable Probability” Is Less Stringent Than Carter’s “Probably Change the Verdict”

Date: Jul 31, 2026

New Jersey Clarifies Brady Materiality: “Reasonable Probability” Is Less Stringent Than Carter’s “Probably Change the Verdict” Case: State v. Yusef B. Allen Court: Supreme Court of New Jersey Date:...

Improvement Periods May Be Denied When Untreated Psychosis Makes Participation Unlikely; DHS Not Required to Pursue Involuntary Commitment

Date: Jul 31, 2026

Improvement Periods May Be Denied When Untreated Psychosis Makes Participation Unlikely; DHS Not Required to Pursue Involuntary Commitment 1. Introduction In In re D.C. (No. 25-714), Petitioner...

No-Contact Order Violations and Unacknowledged Domestic Violence Justify Denial of Improvement Period and Termination of Parental Rights

Date: Jul 31, 2026

No-Contact Order Violations and Unacknowledged Domestic Violence Justify Denial of Improvement Period and Termination of Parental Rights 1. Introduction In In re B.M.-1 and O.M., the Supreme Court of...

In re J.M.: No Improvement Period—and Termination Upheld—When Ongoing Drug Use, No Visitation, and Incarceration Make Timely Correction Unlikely

Date: Jul 31, 2026

In re J.M.: No Improvement Period—and Termination Upheld—When Ongoing Drug Use, No Visitation, and Incarceration Make Timely Correction Unlikely 1. Introduction Case: In re J.M., No. 25-595 (W. Va....

Post-Termination Visitation Requires a Best-Interests Finding Under Amended Rule 15(b)(2)(A) and May Consider Younger Children’s Matured Wishes

Date: Jul 31, 2026

Post-Termination Visitation Requires a Best-Interests Finding Under Amended Rule 15(b)(2)(A) and May Consider Younger Children’s Matured Wishes 1. Introduction In re W.L., K.L., and G.L. (W. Va. Sup....