People v. Riley: Circumstantial Evidence and “Natural and Probable Consequences” Permit an Intent-to-Kill Inference for Accessorial Second-Degree Murder; Strategic Avoidance of Inconsistent Defenses...
BOLO Plus “Arrest Paperwork” and Victim Identification Can Supply Reasonable Suspicion and Probable Cause; Inventory-Search/Impoundment and Miranda Rulings Deferentially Upheld 1. Introduction In...
Ingram v Cuba Mem. Hosp., Inc.: Defendants Must Establish Each Summary-Judgment Element (Including Causation) and Cannot Win Article 28 Dismissal Where Their Own Proof Raises Fact Issues 1....
Passenger’s Justification in a Vehicle Shootout: Failure to Disprove Safe Retreat Warrants Weight-of-Evidence Reversal of Second-Degree Manslaughter (People v Major) 1. Introduction In People v Major...
Invalid Appeal Waiver Does Not Bar Suppression Review; De Bour Escalation Upheld Based on Dispatch/Order-of-Protection Information and Traffic-Violation Probable Cause 1. Introduction In People v...
Irrelevant Evidence Before the Grand Jury Does Not Automatically Defect the Indictment Absent Pervasive, Willful Prosecutorial Misconduct Case: People v. Stencel, 2026 NY Slip Op 04574 (App Div, 4th...
§ 922(g)(1) As-Applied Challenges: Government Must Prove a Founding-Era Tradition for Disarming Property-Crime Felons and May Not Substitute “Dangerousness” Factfinding for the Predicate I....
Third Circuit: Even Where Rooker-Feldman/Younger May Not Dispose of a § 1983 Challenge to Family-Court Conduct, Immunities and § 1983 Merits Defects Require Dismissal—and Official-Capacity...
Perfunctory Briefing Waives Most Appellate Issues; Severance Requires Concrete “Actual Prejudice” Beyond Spillover Evidence I. Introduction In United States v. Lin (10th Cir. July 24, 2026)...
Horocofsky v. City of Lawrence (10th Cir. 2026): Police-Affidavit Causation Limits § 1983 Malicious Prosecution and Reasserts the Default Rule Against Retaining Supplemental State Claims After...
Drexler v. Weiser: Ex parte Young Requires a Particular Enforcement Connection; Prosecutorial Disavowal Defeats Pre-Enforcement Standing 1. Introduction In Drexler v. Weiser (10th Cir. July 24, 2026)...
PEPRA § 31461(b)(2): Annual Leave Cashout Caps Apply Despite “Straddled” Final Compensation Periods Case: Ventura Cty Emp Ret Assn v. Crim J Atty Ret Assn Ventura Cty (Cal. Supreme Ct., July 27,...
No Per Se Conflict When a State Witness Pays Defense Fees; Best-Practice Disclosure Regime for Third-Party Payment in Criminal Cases Introduction In State v. Dana Kearney (N.J. July 27, 2026), the...
Probation Revocation Hearings Require On-the-Record Two-Step Waiver of Counsel (and Continuances Must Be Reasoned When Counsel Is at Stake) 1. Introduction In State v. Eastgate, 2026 ND 147, the...
Restitution May Include Victim’s Investigation Costs and Unwithheld Employee Benefit Premiums as “Direct Result” Losses Under N.D.C.C. § 12.1-32-08(4) 1. Introduction In State v. Engelking, 2026 ND...
Oral Notice Alone Satisfies N.D.R.Juv.P. 10(b)(1) for Default Termination; Voluntary Appearance Waives Summons-Based Personal Jurisdiction Objections I. Introduction Case: Interest of B.W., 2026 ND...
Oral On-the-Record Notice Satisfies Juvenile Procedure for Continued Hearings; ICWA QEW Testimony May Reflect Tribe’s Staffed Opinion Without Losing Evidentiary Force Case: Interest of K.B., 2026 ND...
State v. Fox (2026 ND 148): Rule 412 Bars Sexually Explicit “Motive” Evidence When Discipline-Based Bias Can Be Explored Without Sexual Details 1. Introduction In State v. Fox, the Supreme Court of...
Standing to Appeal a PSC CPCN Requires Participation During the Agency Proceeding; Publication Notice Defeats “Good Cause” for Post-Hoc Intervention Case: Wano Township v. North Dakota Public Service...
State v. Quam (2026 ND 145): Admissions of Underage-Targeted Searches and In-Home Viewing Establish Probable Cause and Nexus for CSAM Residence Warrants 1. Introduction In State v. Quam, the North...