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  • Commentaries
  • Judgments

protected-advice-at-life’s-end:-seventh-circuit-holds-indiana’s-funeral-licensing-ban-on-death-doula-counseling-fails-even-under-intermediate-scrutiny—and-consent-orders-don’t-waive-federal-rights Case Commentaries

Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases

Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases

Date: Nov 7, 2025
Adoption-with-Review: South Carolina Upholds Party-Drafted PCR Orders and Reaffirms Prejudice-Driven Mitigation Review in Capital Cases Introduction In Marion Alexander Lindsey v. State, Opinion No....
IIED Claims Predicated on Medical Judgments Require Expert Affidavits; “Obvious Occurrence” Exception Does Not Reach Discharge and Pain‑Management Decisions — Commentary on McMahon v. Sanford, 2025 ND 184

IIED Claims Predicated on Medical Judgments Require Expert Affidavits; “Obvious Occurrence” Exception Does Not Reach Discharge and Pain‑Management Decisions — Commentary on McMahon v. Sanford, 2025 ND 184

Date: Nov 7, 2025
IIED Claims Predicated on Medical Judgments Require Expert Affidavits; “Obvious Occurrence” Exception Does Not Reach Discharge and Pain‑Management Decisions — Commentary on McMahon v. Sanford, 2025...
Smith v. State: No Per Se Strickland Prejudice from 404(b) Errors; Contextual Prejudice Analysis and Record Supplementation Required

Smith v. State: No Per Se Strickland Prejudice from 404(b) Errors; Contextual Prejudice Analysis and Record Supplementation Required

Date: Nov 7, 2025
Smith v. State: No Per Se Strickland Prejudice from 404(b) Errors; Contextual Prejudice Analysis and Record Supplementation Required Introduction In Smith v. State, 2025 ND 189 (N.D. Nov. 5, 2025),...
Playback of Evidence During Deliberations Must Occur in Open Court: Closure Violates the Public Trial Right — State v. Barrett, 2025 ND 186

Playback of Evidence During Deliberations Must Occur in Open Court: Closure Violates the Public Trial Right — State v. Barrett, 2025 ND 186

Date: Nov 7, 2025
Playback of Evidence During Deliberations Must Occur in Open Court: Closure Violates the Public Trial Right — State v. Barrett, 2025 ND 186 Introduction In State v. Barrett, 2025 ND 186, the North...
Consecutive Misdemeanor Sentences Permitted When Offenses Target Different Victims on Different Dates: State v. Cotton (2025 ND 191)

Consecutive Misdemeanor Sentences Permitted When Offenses Target Different Victims on Different Dates: State v. Cotton (2025 ND 191)

Date: Nov 7, 2025
Consecutive Misdemeanor Sentences Permitted When Offenses Target Different Victims on Different Dates: State v. Cotton (2025 ND 191) Court: Supreme Court of North Dakota Date: November 5, 2025...
Parole Practices Cannot Create an Illegal Mandatory Minimum from Lawful Consecutive Sentences: A Commentary on State v. Wallette, 2025 ND 190

Parole Practices Cannot Create an Illegal Mandatory Minimum from Lawful Consecutive Sentences: A Commentary on State v. Wallette, 2025 ND 190

Date: Nov 7, 2025
Parole Practices Cannot Create an Illegal Mandatory Minimum from Lawful Consecutive Sentences: State v. Wallette, 2025 ND 190 Introduction In State v. Wallette, 2025 ND 190, the North Dakota Supreme...
State v. Watterud: Pattern Child-Testimony Can Sustain Multi-Year GSI Counts; Open-Court Playback During Deliberations Requires Proof of Actual Prejudice for Mistrial

State v. Watterud: Pattern Child-Testimony Can Sustain Multi-Year GSI Counts; Open-Court Playback During Deliberations Requires Proof of Actual Prejudice for Mistrial

Date: Nov 7, 2025
State v. Watterud: Pattern Child-Testimony Can Sustain Multi-Year GSI Counts; Open-Court Playback During Deliberations Requires Proof of Actual Prejudice for Mistrial Court: Supreme Court of North...
State v. Wilson: Calibrating Waiver-of-Counsel Advisements at Probation Revocation—No Sixth Amendment Right; Tailored Warnings Under Rule 32(f)(3)(A)(iii) Suffice

State v. Wilson: Calibrating Waiver-of-Counsel Advisements at Probation Revocation—No Sixth Amendment Right; Tailored Warnings Under Rule 32(f)(3)(A)(iii) Suffice

Date: Nov 7, 2025
State v. Wilson: Calibrating Waiver-of-Counsel Advisements at Probation Revocation—No Sixth Amendment Right; Tailored Warnings Under Rule 32(f)(3)(A)(iii) Suffice Court: Supreme Court of North Dakota...
Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims

Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims

Date: Nov 7, 2025
Commonwealth v. Blakeney: No Public-Record Presumption in PCRA “Unknown Fact” Exception and Reasonable Diligence in Juror-Nondisclosure Claims Introduction In Commonwealth v. Blakeney (Pa. Nov. 5,...
Maurent v. Spatny: Habeas Release Does Not Moot the State’s Appeal When Return to Custody Remains Possible

Maurent v. Spatny: Habeas Release Does Not Moot the State’s Appeal When Return to Custody Remains Possible

Date: Nov 7, 2025
Maurent v. Spatny: Habeas Release Does Not Moot the State’s Appeal When Return to Custody Remains Possible Introduction In Maurent v. Spatny, 2025-Ohio-5002, the Supreme Court of Ohio clarifies a...
Jurisdiction to Resentence Persists After Federal Habeas Vacates Death Sentence; Extraordinary Writs Inapplicable to Indictment and Verdict-Form Errors

Jurisdiction to Resentence Persists After Federal Habeas Vacates Death Sentence; Extraordinary Writs Inapplicable to Indictment and Verdict-Form Errors

Date: Nov 7, 2025
Jurisdiction to Resentence Persists After Federal Habeas Vacates Death Sentence; Extraordinary Writs Inapplicable to Indictment and Verdict-Form Errors Introduction In State ex rel. Allah-U-Akbar v....
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Diversified Building Co., LLC v. Nader Enterprises, LLC

Date: Nov 7, 2025
Partial Constructive Eviction From Parking Spaces, Nonwaiver Clauses, and Limits on CPLR 3211(b): Clarifying Tenant Defenses in Commercial Lease Disputes Introduction In Diversified Building Co., LLC...
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension

Date: Nov 7, 2025
Matter of Ebel: Nonpayment of a Part 137 Fee Arbitration Award Constitutes Misconduct Warranting Suspension Court: Appellate Division of the Supreme Court, Second Judicial Department (Per Curiam)...
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 — Schollmeier v. Metropolitan Tr. Auth. (LIRR)

Date: Nov 7, 2025
Prior Corrosion Inspections and Visible Stair Defects Establish Constructive Notice; Comparative Negligence Charge Requires Evidentiary Basis; Past Pain-and-Suffering Remitted to $100,000 —...
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default

Date: Nov 7, 2025
Assault-and-Battery Exclusions Do Not Extinguish the Duty to Defend When Underlying Pleadings Allege Independent Negligence: Insurer Must Prove Entitlement Even on Default Introduction In Union Mut....
Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order)

Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order)

Date: Nov 7, 2025
Reaffirming the “One Central Reason” Nexus and CAT Acquiescence Requirements in Private-Actor Extortion Cases: Commentary on Baldiviezo Castro v. Bondi (2d Cir. Summary Order) Note on precedential...
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer

Date: Nov 7, 2025
Coverage-Action Litigation Costs Are a Present Injury for Ripeness; An Insurance Broker’s Specific Undertaking Creates a Duty to Notify the Insurer A commentary on Paro Mgmt. Co., Inc. v. Willis of...
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi

Date: Nov 7, 2025
“Lozada Lives After Loper Bright”: Second Circuit Reaffirms Strict Lozada Compliance for Ineffective-Assistance-Based Motions to Reopen and Enforces Petition Deadlines Under Riley v. Bondi...
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi

Date: Nov 7, 2025
No Equitable Tolling for Post-Order Eligibility: Second Circuit Denies Untimely Reopening for Non-LPR Cancellation in Wang v. Bondi Court: U.S. Court of Appeals for the Second Circuit (Summary Order...
Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities

Date: Nov 7, 2025
Eleventh Circuit reaffirms Florida third-party bad-faith duties: valuation disputes are no shield where the insurer ignores medical risk and fails to communicate settlement opportunities Introduction...
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