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  • Commentaries
  • Judgments

preserving-public-trial-rights-during-a-pandemic:-the-iowa-supreme-court Case Commentaries

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings

Date: Oct 1, 2025
Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings Case: State v. L....
Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims

Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims

Date: Oct 1, 2025
Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims Court: Supreme Court of...
Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture: Mickulin v. State (2025 WY 106)

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture: Mickulin v. State (2025 WY 106)

Date: Oct 1, 2025
Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture Case: In the Matter of U.S. Currency Totaling $54,226.00: Ronald S. Mickulin v. State of Wyoming Citation: 2025 WY...
Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies

Date: Oct 1, 2025
Second Circuit reaffirms: delayed school-location notice does not deny FAPE absent prejudice; overlapping IEP services can satisfy goals without music, hearing, or vision therapies Introduction In...
Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Date: Oct 1, 2025
Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act Introduction In State ex rel. Huwig v. Department of Health,...
Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025
Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...
Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025
Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...
After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

Date: Oct 1, 2025
After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...
Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025
Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...
Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025
Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...
Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025
Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...
Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025
Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...
Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law

Date: Oct 1, 2025
Reaffirming Pasternack’s Narrow Duty for Drug-Testing Labs: Procedural Irregularities Alone Do Not State Negligence Under New York Law Introduction In Spencer v. Omega Laboratories, Inc., No....
Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions — Commentary on Stollman v. Williams (2d Cir. 2025)

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions — Commentary on Stollman v. Williams (2d Cir. 2025)

Date: Oct 1, 2025
Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions Commentary...
No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice

Date: Oct 1, 2025
No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice Note: The Montana Supreme Court designated...
Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel (Guerrero-Andachz v. Bondi)

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel (Guerrero-Andachz v. Bondi)

Date: Oct 1, 2025
Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel Introduction In Guerrero-Andachz v....
Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025)

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025)

Date: Oct 1, 2025
Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025) Court: U.S....
Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone

Date: Oct 1, 2025
Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone Introduction In Apecella v....
No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

Date: Oct 1, 2025
No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...
No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025
No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....
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