Rule 40(e)(1) Nighttime-Execution Violations Do Not Trigger Automatic Suppression Absent a Constitutional Violation, Bad Faith, or Prejudice Introduction In State v. Jaramillo, 2026 UT 20, the Utah...
In re J.M.: Nonjudicial Adjustment Ineligibility Is an Objective Felony Inquiry, and Prosecutors May File a Petition to Correct an Improper Diversion 1. Introduction Case: In re J.M., 2026 UT 21...
AEDPA Finality in Florida: A Written DCA Opinion Makes Discretionary Florida Supreme Court Review “Available,” Triggering a 30-Day (Not 90-Day) Finality Date When No Review Is Sought Introduction In...
County of Fulton Confined: Appellate Courts Cannot Use County of Fulton to Impose Trial-Level Fee Liability on Counsel Absent Trial-Court Findings 1. Introduction In Lukasik, G. v. Scotchlas, S.;...
Henson v. SCDC: No Interlocutory Appeal of Class-Certification Orders; “Predominance” and a Qualitative Commonality Test Are Inherent in Rule 23(a) Court: Supreme Court of South Carolina Date: July...
Probation Has a Fixed Expiration Date: No Judge-Made “Absconding Extension,” and Bench Warrants Do Not Toll Without Proof at Gagnon II Case: Commonwealth v. Hitchner (Pa. July 21, 2026) Court:...
Juvenile Adjudications May Rebut “Peaceful and Law-Abiding” Reputation Evidence: § 6354(b)(4) Not Limited by Pa.R.E. 405(a)(2) Commentary on Commonwealth v. Serrano-Delgado (Pa. July 21, 2026)...
Ordinary Waiver, Not “Departure” Waiver: Article I, Section 8 Challenges Must Be Raised at Suppression Under Pa.R.A.P. 302 1. Introduction Commonwealth v. Shivers reached the Supreme Court of...
Coffman Is Not a Bright-Line Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff v. Ford Motor Company (Tenn. July 21, 2026), the...
Coffman Does Not Create a Per Se Bar to Failure-to-Warn Claims Involving Combined Use of Two Sound Products 1. Introduction In Sarah Elizabeth Woodruff ex rel. Ethan Woodruff v. Ford Motor Company...
Colt’s Neck: “Any Order” in Joint-County Ditch Proceedings Is Immediately Appealable; R.C. 6133.10(A) Requires a Multi-County Panel; Jurisdictional-Priority Errors Are Voidable and Forfeitable...
State v. Barnes (2026-Ohio-2750): Marsy’s Law Victims Must Follow App.R. 4(A) and Cannot Use App.R. 5(A) Delayed Appeals Reserved to Defendants I. Introduction State v. Barnes, Slip Opinion No....
Heatley v. State: Reasonable Doubt Is the Only Mandatory Standard—No “Consistency/Conclusive Guilt” Requirement in Circumstantial-Evidence Jury Charges Court: Supreme Court of South Carolina Date:...
Greenfield Cannot Supply an “Overriding Public Policy” Bar to an Insurer’s Duty to Defend in Sex-Trafficking Negligence Suits Case: Samsung v. RI Settlement; Apl. of: RI Settlement (Concurring...
IFPA and New Jersey RICO PIP-Fraud Claims Are Not Subject to AICRA PIP Arbitration 1. Introduction Allstate New Jersey Insurance Company v. Carteret Comprehensive Medical Care, P.C. addresses a...
“Affirmative Written Communication” Means What It Says: No Patent-Enforcement Standing for a Licensee Absent an Express Election Under Delaware Contract Law Case: Ecolab Inc v. SC Johnson...
Recchia v. Campbell: Capen Controls Facial Second Amendment Challenges to Massachusetts’s Assault-Style Firearm Ban; No Dormant Commerce Clause or Equal-Protection Workaround Court: U.S. Court of...
Open-and-Obvious Hazard Rule for Dismounting Moving Tractors Under Kansas Law 1. Introduction In Miller v. CNH Industrial America, LLC (10th Cir. July 21, 2026), the Tenth Circuit, applying Kansas...
Speech to Lawmakers Criticizing a Private Association’s Lobbying Is a Matter of Public Concern; Pickering Balancing Is Premature on the Pleadings 1. Introduction Cubin v. Gordon (10th Cir. July 21,...
Act Petitions: No Credibility Determinations Without an Evidentiary Hearing Introduction In Scott County Tyrel Lamar Patterson v. State of Minnesota (Minn. July 22, 2026), the Minnesota Supreme Court...