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. Kim: Supervisory Limits on “Consciousness of Guilt” Jury Instructions

Date: Jul 29, 2026

State v. Kim: Supervisory Limits on “Consciousness of Guilt” Jury Instructions (and a Call to Abolish Them) 1. Introduction State v. Kim (Conn. July 28, 2026) reached the Supreme Court of Connecticut...

State v. Kim (Conn. 2026): Narrowing and Rebalancing “Consciousness of Guilt” Jury Instructions

Date: Jul 29, 2026

State v. Kim: Connecticut Clarifies When (and How) Trial Courts May Give “Consciousness of Guilt” Instructions—Necessity, Neutrality, and No Prejudicial Labeling Court: Supreme Court of Connecticut...

Small Claims Courts in Hawaiʻi Lack Jurisdiction to Decide Pet Ownership (Replevin/Title) Disputes

Date: Jul 29, 2026

Small Claims Courts in Hawaiʻi Lack Jurisdiction to Decide Pet Ownership (Replevin/Title) Disputes 1. Introduction In Miller v. Collins (Haw. July 27, 2026), petitioner Alexandra Miller sought...

In re H.H.; In re B.H. (2026 N.H. 29) — The 90-Day Permanency Extension Extends Time, Not Reunification Standards

Date: Jul 29, 2026

The 90-Day Permanency Extension Extends Time, Not Reunification Standards: Full Dispositional-Order Compliance Remains in Play at the Second Permanency Hearing Case: In re H.H.; In re B.H., 2026 N.H....

Mitigation Required, but No-Fault Fee Caps Inapplicable, in Medicare Opt-Out Allowable-Expense Tort Actions (MCL 500.3135(3)(c))

Date: Jul 29, 2026

Mitigation Required, but No-Fault Fee Caps Inapplicable, in Medicare Opt-Out Allowable-Expense Tort Actions (MCL 500.3135(3)(c)) I. Introduction In CANTY v MASON (Mich Sup Ct, July 27, 2026),...

In re Estate of Magofna (2026 MP 7) Commentary

Date: Jul 29, 2026

Statutory Adoption by the Putative Adoptive Parent Bars Later Poksai Heirship; CNMI Supreme Court Adopts a Non‑Exhaustive Seven‑Factor Poksai Test 1. Introduction In re Estate of Magofna, 2026 MP 7...

Conservatorship of E.A. (Cal. 2026): Barker Governs LPS Trial-Delay Due Process Claims; Violations Are Harmless-Error Reviewable

Date: Jul 29, 2026

Conservatorship of E.A.: Applying Barker v. Wingo to LPS Conservatorship Trial Delays—and Holding Delay-Based Due Process Violations Are Not Structural (Harmless Beyond a Reasonable Doubt Review...

Hemwall v. Douglas: Attorney Health Issues Do Not Equitably Toll AEDPA Absent Proof They Prevented Timely Filing (But-For Causation)

Date: Jul 29, 2026

Hemwall v. Douglas: Attorney Health Issues Do Not Equitably Toll AEDPA Absent Proof They Prevented Timely Filing (But-For Causation) Court: United States Court of Appeals for the Sixth Circuit Date:...

Ambiguous Judicial Assurances Do Not Create a Rule 11(a)(2) Conditional Plea

Date: Jul 29, 2026

Ambiguous Judicial Assurances Do Not Create a Rule 11(a)(2) Conditional Plea (and Thus Do Not Preserve Pre-Plea Constitutional Claims) Case: United States v. Rishad Williams (aka Rashad Williams)...

People v. Hurst: Brief Prior Acquaintance Defeats “Confirmatory” Identification; CPL 710.30 Non-Notice Requires Preclusion and Can Bar Harmless-Error Affirmance on Intent-Dependent Counts

Date: Jul 29, 2026

People v. Hurst: Brief Prior Acquaintance Defeats “Confirmatory” Identification; CPL 710.30 Non-Notice Requires Preclusion and Can Bar Harmless-Error Affirmance on Intent-Dependent Counts 1....

Selective-Enforcement Equal Protection Claims Remain Viable for Public Employees After Engquist (Fourth Department)

Date: Jul 29, 2026

Selective-Enforcement Equal Protection Claims Remain Viable for Public Employees After Engquist (Fourth Department) Case: Montegari v Miller, 2026 NY Slip Op 04696 (App Div, 4th Dept July 24, 2026)...

Triable Issues on Broker Liability Where a Longstanding Client Claims a Specific Request and a “Special Relationship” Despite Not Reading the Policy

Date: Jul 29, 2026

Triable Issues on Broker Liability Where a Longstanding Client Claims a Specific Request and a “Special Relationship” Despite Not Reading the Policy 1. Introduction In Adams v Blodgett (2026 NY Slip...

People v. Jenkins: Particularized Proof Required for Attempted First-Degree Rape and Permanent-Deprivation Intent for First-Degree Robbery

Date: Jul 29, 2026

People v. Jenkins: Particularized Proof Required for Attempted First-Degree Rape and Permanent-Deprivation Intent for First-Degree Robbery 1. Introduction In People v Jenkins (2026 NY Slip Op 04677...

Fleischman v State of New York — Late Claim Denied Where Medical Malpractice Allegations Are Conclusory and Records Alone Do Not Show “Appearance of Merit”

Date: Jul 29, 2026

Late Claim Denied Where Medical Malpractice Allegations Are Conclusory and Records Alone Do Not Show “Appearance of Merit” (Court of Claims Act § 10 [6] & § 11 [b]) 1. Introduction Fleischman v State...

People v. Stephens — Routine Automatic-Discovery Omissions Invalidate an Initial COC and Render Readiness Illusory Absent Proven Due Diligence

Date: Jul 29, 2026

People v. Stephens — Routine Automatic-Discovery Omissions Invalidate an Initial COC and Render Readiness Illusory Absent Proven Due Diligence 1. Introduction In People v Stephens (2026 NY Slip Op...

Labor Law § 240(1) Applies to Falls into Work-Created Excavations; Mud Inherent to Trenching Is Not a “Foreign Substance” Under 12 NYCRR 23-1.7(d)

Date: Jul 29, 2026

Labor Law § 240(1) Applies to Falls into Work-Created Excavations; Mud Inherent to Trenching Is Not a “Foreign Substance” Under 12 NYCRR 23-1.7(d) Case: Letersky v Militello Farms, Inc., 2026 NY Slip...

Utility Safety Condemnations Qualify as “Public Use” Under EDPL 207; Incidental Private Benefit, Necessity Deference, and Prejudice/Preservation Limits

Date: Jul 29, 2026

Utility Safety Condemnations Qualify as “Public Use” Under EDPL 207; Incidental Private Benefit, Necessity Deference, and Prejudice/Preservation Limits 1. Introduction In Matter of Mid Riv. Mar.,...

People v. Jones (4th Dept 2026): Prompt Police Retrieval + Technician Testimony Can Authenticate Surveillance Video Despite Minor Chain-of-Custody Gaps

Date: Jul 29, 2026

Prompt Police Retrieval + Technician Testimony Can Authenticate Surveillance Video Despite Minor Chain-of-Custody Gaps Decision: People v Jones, 2026 NY Slip Op 04641 (App Div 4th Dept July 24, 2026)...

Speculative Pole-Camera Impeachment Is Not Brady Material; CPL 245.20(1)(g) Satisfied by Disclosing Incident-Connected Footage

Date: Jul 29, 2026

Speculative Pole-Camera Impeachment Is Not Brady Material; CPL 245.20(1)(g) Satisfied by Disclosing Incident-Connected Footage Case: People v. Bordies, 2026 NY Slip Op 04640 (App Div, 4th Dept July...

Strict Proof Required for Attachment/Receivership; Related-Action Stay Proper Under CPLR 3211(a)(4) and CPLR 2201

Date: Jul 29, 2026

Strict Proof Required for Attachment/Receivership; Related-Action Stay Proper Under CPLR 3211(a)(4) and CPLR 2201 1. Introduction In US Income Partners, LLC v Cypress Pointe FL Holdings, LLC (2026 NY...