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

Guardianship Under § 41-3-444, MCA Requires No “Unfitness” Finding and Imposes No Clear-and-Convincing Burden

Date: Dec 31, 2025

Guardianship Under § 41-3-444, MCA Requires No “Unfitness” Finding and Imposes No Clear-and-Convincing Burden I. Introduction In Matters of I.D., T.D., and L.D., Youths in Need of Care, 2025 MT 299,...

MDLEA Reaffirmed: EEZ Treated as “High Seas,” Statelessness Defined by Statute, No U.S. Nexus Required, and “Nationality” Equals “Registry”

Date: Dec 31, 2025

MDLEA Reaffirmed: EEZ Treated as “High Seas,” Statelessness Defined by Statute, No U.S. Nexus Required, and “Nationality” Equals “Registry” Case: United States v. Jose Marin (consolidated with United...

Unlimited Statute-of-Limitations Waivers in Guam Promissory Notes Are Unenforceable Absent Statutory Authorization

Date: Dec 31, 2025

Unlimited Statute-of-Limitations Waivers in Guam Promissory Notes Are Unenforceable Absent Statutory Authorization I. Introduction In Goodwind Development Corporation v. West Bay Corporation and 21st...

United States v. Andino: Enforcing Plea-Agreement Waivers of Rule 32.2(b)(4)(B) Forfeiture Pronouncement/Notice Rights When the Substance Is Confirmed at the Plea Colloquy

Date: Dec 31, 2025

United States v. Andino: Enforcing Plea-Agreement Waivers of Rule 32.2(b)(4)(B) Forfeiture Pronouncement/Notice Rights When the Substance Is Confirmed at the Plea Colloquy Introduction In United...

Unpreserved Sentencing-Explanation Challenges Trigger Plain-Error Review; Minimal Reasons Suffice for Within-Guidelines Illegal-Reentry Sentences in “Conceptually Simple” Cases

Date: Dec 31, 2025

Unpreserved Sentencing-Explanation Challenges Trigger Plain-Error Review; Minimal Reasons Suffice for Within-Guidelines Illegal-Reentry Sentences in “Conceptually Simple” Cases I. Introduction United...

People of Guam v. Camacho: Guam Adopts Maryland v. Craig for Two-Way Remote Testimony by Adult Witnesses

Date: Dec 31, 2025

Guam Adopts Maryland v. Craig as the Governing Sixth Amendment Standard for Two-Way Remote Testimony by Adult Witnesses (Rejecting a Categorical Deposition Requirement) I. Introduction In People of...

United States v. Patel: Jointly Proposed Jury Instructions as Invited Error; No Double Counting When §2H1.1(b)(1) Adds Unaccounted “Color of Law” Harm to a §2A3.4-Derived Base Level

Date: Dec 31, 2025

United States v. Patel: Jointly Proposed Jury Instructions as Invited Error; No Double Counting When §2H1.1(b)(1) Adds Unaccounted “Color of Law” Harm to a §2A3.4-Derived Base Level 1. Introduction...

United States v. Demarcus Hill — Commentary

Date: Dec 31, 2025

Uncorroborated Co‑Conspirator Trial Testimony Can Sustain a § 846 Conviction; Suppression Arguments Waived Absent Pretrial Motion Are Reviewed Only for Plain Error Case: United States v. Demarcus...

Silent Record Bars Direct-Appeal McCoy Relief: Objection Must Appear in the Record; Otherwise the Concession-of-Guilt Claim Proceeds by Habeas

Date: Dec 30, 2025

Silent Record Bars Direct-Appeal McCoy Relief: Objection Must Appear in the Record; Otherwise the Concession-of-Guilt Claim Proceeds by Habeas Case: People of Guam v. Brian Jason Martinez (aka Brenda...

People of Guam v. Santos: GRE 1004(1) Permits Testimonial Secondary Evidence When the Original Video Is Destroyed by a Third Party, and No Hierarchy of Secondary Evidence Bars Testimony Despite Destruction of a Duplicate

Date: Dec 30, 2025

GRE 1004(1) and Missing Surveillance Video: Third-Party Destruction Excuses the Original, and Secondary Evidence Has No Hierarchy Even If Police Destroy a Duplicate 1. Introduction People of Guam v....

Private Sporting-Competition Governance Is Not State Action Absent Compulsion/Nexus/Public Function, and Arbitration Rights May Be Waived by Extensive Federal Litigation

Date: Dec 30, 2025

Private Sporting-Competition Governance Is Not State Action Absent Compulsion/Nexus/Public Function, and Arbitration Rights May Be Waived by Extensive Federal Litigation 1. Introduction In Gerding v....

MDLEA Reach Confirmed: EEZ as “High Seas,” No Nexus Requirement, and Broad Stateless-Vessel Jurisdiction

Date: Dec 30, 2025

MDLEA Reach Confirmed: EEZ as “High Seas,” No Nexus Requirement, and Broad Stateless-Vessel Jurisdiction 1. Introduction United States v. Rodolfo Rodriguez Vazquez (consolidated with appeals by Jose...

MDLEA Enforcement in Foreign EEZs and “Stateless Vessel” Determinations; No Minor-Role Reduction for Essential High-Seas Couriers

Date: Dec 30, 2025

MDLEA Enforcement in Foreign EEZs and “Stateless Vessel” Determinations; No Minor-Role Reduction for Essential High-Seas Couriers Case: United States v. Stanley Cabrera (consolidated with appeals by...

Sentencing “Reference vs. Reliance”: Considering Uncharged/Admitted Prior Abuse Without Upward Effect Does Not Create Procedural Error

Date: Dec 30, 2025

Sentencing “Reference vs. Reliance”: Considering Uncharged/Admitted Prior Abuse Without Upward Effect Does Not Create Procedural Error 1. Introduction In United States v. Michael Moran (3d Cir. Dec....

People of Guam v. Simmons (2025 Guam 13) Commentary

Date: Dec 30, 2025

Guam Adopts a Flexible McDonough Juror-Bias Framework, Confines Implied Bias to “Extreme” Cases, and Approves Non‑Corroboration Instructions in CSC Trials Case: People of Guam v. Derick James...

Third Circuit: Pennsylvania PCRA “Custody” Bar Is Not an Adequate Procedural-Default Ground; Plea Counsel Need Not Advise on Collateral Consequences After Patel

Date: Dec 29, 2025

Third Circuit: Pennsylvania PCRA “Custody” Bar Is Not an Adequate Procedural-Default Ground; Plea Counsel Need Not Advise on Collateral Consequences After Patel 1. Introduction In Russell Tinsley v....

Rule 29.3 Stays Against the State: Appellate Courts Must Weigh Merits, Balance Harms, and Act Within a Reasonable Time

Date: Dec 29, 2025

Rule 29.3 Stays Against the State: Appellate Courts Must Weigh Merits, Balance Harms, and Act Within a Reasonable Time 1. Introduction In re Ken Paxton and the Office of the Attorney General is an...

Gade v. Gade and the Plenary Jurisdiction of the Vermont Family Division Over Premarital Agreement Breach Claims

Date: Dec 28, 2025

Gade v. Gade and the Plenary Jurisdiction of the Vermont Family Division Over Premarital Agreement Breach Claims I. Introduction In Christopher Gade v. Erin Gade, 2025 VT 68, the Vermont Supreme...

Intent-Centered Use of Vermont Rule 60(a) to Correct Divorce Property Judgments: Commentary on Warner v. Warner, 2025 VT 70

Date: Dec 28, 2025

Intent-Centered Use of Rule 60(a) to Correct Divorce Property Judgments: Commentary on Nichole Warner v. Sean Warner, 2025 VT 70 I. Introduction Warner v. Warner, 2025 VT 70, is a significant Vermont...

Stayed Reciprocal Suspension and Coordinated Probation in Kansas Attorney Discipline: Commentary on In re Kort

Date: Dec 28, 2025

Stayed Reciprocal Suspension and Coordinated Probation in Kansas Attorney Discipline: Commentary on In re Kort I. Introduction The Kansas Supreme Court’s decision in In re Kort, No. 129,389 (Dec. 26,...

Previous Next