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reaffirming-tellabs:-sixth-circuit-establishes-correct-& Case Commentaries

The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions – A Commentary on Carvalho v. Carvalho, 2025 ND 129

The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions – A Commentary on Carvalho v. Carvalho, 2025 ND 129

Date: Jul 23, 2025
The “Competent-Evidence Threshold” & Judicial Explanation Duty in Custody-Modification Motions Comprehensive Commentary on Carvalho v. Carvalho, 2025 ND 129 1. Introduction Carvalho v. Carvalho (2025...
State v. Berkley: North Dakota Supreme Court Affirms Judicial Discretion in Child-Offender Registration

State v. Berkley: North Dakota Supreme Court Affirms Judicial Discretion in Child-Offender Registration

Date: Jul 23, 2025
State v. Berkley (2025 ND 134): Clarification of Judicial Discretion in Ordering Registration as an “Offender Against Children” 1. Introduction In State v. Berkley, 2025 ND 134, the North Dakota...
State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte

State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte

Date: Jul 23, 2025
State v. Kennedy – Clarifying Invited Error and the Trial Court’s Limited Duty to Exclude Rule 404(b) Evidence Sua Sponte Introduction State v. Kennedy, 2025 ND 130, presented the North Dakota...
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02

Date: Jul 23, 2025
State v. Solomon: Clarifying “Good Cause” and Implicit Barker Analysis under N.D.C.C. § 29-19-02 Introduction In State v. Solomon, 2025 ND 133, the North Dakota Supreme Court was asked to decide...
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual

Date: Jul 23, 2025
Clarifying Personal Liability under N.D.C.C. § 65-04-26.1: No Penalties for Payroll-Report Failures, Yes to Prospective Accrual Introduction In WSI v. Boechler, 2025 ND 132, the North Dakota Supreme...
“Proof-of-Existence” Mandamus Standard under Ohio’s Public Records Act – A Commentary on State ex rel. Ames v. Big Walnut Local School Dist. Bd. of Edn., 2025-Ohio-2493

“Proof-of-Existence” Mandamus Standard under Ohio’s Public Records Act – A Commentary on State ex rel. Ames v. Big Walnut Local School Dist. Bd. of Edn., 2025-Ohio-2493

Date: Jul 23, 2025
“Proof-of-Existence” Mandamus Standard under Ohio’s Public Records Act A Comprehensive Commentary on State ex rel. Ames v. Big Walnut Local School District Board of Education, 2025-Ohio-2493 1....
Charter Cities Immune from Statutory Recall Absent Explicit Adoption: Commentary on State ex rel. Maumee v. Lucas Cty. Bd. of Elections (2025-Ohio-2516)

Charter Cities Immune from Statutory Recall Absent Explicit Adoption: Commentary on State ex rel. Maumee v. Lucas Cty. Bd. of Elections (2025-Ohio-2516)

Date: Jul 23, 2025
Charter Cities Immune from Statutory Recall Absent Explicit Adoption A Comprehensive Commentary on State ex rel. Maumee v. Lucas County Board of Elections, 2025-Ohio-2516 1. Introduction State ex...

        “Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations

“Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations

Date: Jul 23, 2025
“Just Cause” Re-Defined: The Arizona Supreme Court Recasts the Abandonment Presumption in Parental-Rights Terminations 1. Introduction In In Re Termination of Parental Rights as to B.W., the Arizona...
“Reasonable Certainty” Re-defined:  McAlister v. Loeb & the Recoverability of Lost Profits in Prospective Licensing Transactions

“Reasonable Certainty” Re-defined: McAlister v. Loeb & the Recoverability of Lost Profits in Prospective Licensing Transactions

Date: Jul 23, 2025
“Reasonable Certainty” Re-defined: McAlister v. Loeb & Loeb, LLP Arizona Supreme Court (2025) Introduction McAlister v. Loeb & Loeb, LLP is a pivotal 2025 decision from the Arizona Supreme Court...
State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s SRA

State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s SRA

Date: Jul 23, 2025
State v. Lewis: Foreign Convictions Excluded From the “Out-of-State” Category Under Washington’s Sentencing Reform Act Introduction State v. Lewis, No. 102910-1 (Wash. July 17, 2025), is a landmark...
The Hanson Sufficiency Standard: Unobjected Hearsay and Circumstantial Evidence as Proof of “Without Authority” in Burglary & Theft Cases

The Hanson Sufficiency Standard: Unobjected Hearsay and Circumstantial Evidence as Proof of “Without Authority” in Burglary & Theft Cases

Date: Jul 23, 2025
The Hanson Sufficiency Standard: Unobjected Hearsay and Circumstantial Evidence as Proof of “Without Authority” in Burglary & Theft Cases Introduction Andrew Michael Hanson appealed his burglary and...
“From Expectation to Discretion” – Gosselin v. State and the Non-Binding Nature of YOTP-Linked Sentence Reductions

“From Expectation to Discretion” – Gosselin v. State and the Non-Binding Nature of YOTP-Linked Sentence Reductions

Date: Jul 23, 2025
“From Expectation to Discretion” – Gosselin v. State and the Non-Binding Nature of YOTP-Linked Sentence Reductions 1. Introduction Logan Gregory Gosselin v. The State of Wyoming, 2025 WY 79, concerns...
“The Robin Sufficiency Standard” – Clarifying Unauthorized Control in Wyoming Vehicle-Theft Cases

“The Robin Sufficiency Standard” – Clarifying Unauthorized Control in Wyoming Vehicle-Theft Cases

Date: Jul 23, 2025
“The Robin Sufficiency Standard” – Clarifying Unauthorized Control in Wyoming Vehicle-Theft Cases Introduction In Michael Isreal Robin, Sr. v. State of Wyoming, 2025 WY 78, the Wyoming Supreme Court...
State v. Ewing: Idaho Supreme Court Validates Annotated Compilation Videos as Rule 1006 Summaries and Re-affirms COVID-19 Speedy-Trial Tolling

State v. Ewing: Idaho Supreme Court Validates Annotated Compilation Videos as Rule 1006 Summaries and Re-affirms COVID-19 Speedy-Trial Tolling

Date: Jul 23, 2025
State v. Ewing: Idaho Supreme Court Validates Annotated Compilation Videos as Rule 1006 Summaries and Re-affirms COVID-19 Speedy-Trial Tolling Introduction In State v. Ewing, Docket No. 50452 (Idaho...
Ewing Clarifies the Threshold for Franks Hearings and Harmless Crawford Error in Idaho

Ewing Clarifies the Threshold for Franks Hearings and Harmless Crawford Error in Idaho

Date: Jul 23, 2025
Ewing Clarifies the Threshold for Franks Hearings and Harmless Crawford Error in Idaho Introduction State v. Ewing, Supreme Court of Idaho (2025), arose from the felony-murder conviction of...

Balancing User Benefit and Investor Return:  The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation

Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation

Date: Jul 23, 2025
Balancing User Benefit and Investor Return: The Supreme Court of Virginia Defines the “Reasonable-to-User” Standard and Rebuffs Takings Claims in Toll-Rate Regulation Introduction In Toll Road...
Deception Without Financial Loss: The Eleventh Circuit Clarifies “Intent to Defraud” under 18 U.S.C. § 1029(a)(1)

Deception Without Financial Loss: The Eleventh Circuit Clarifies “Intent to Defraud” under 18 U.S.C. § 1029(a)(1)

Date: Jul 23, 2025
Deception Without Financial Loss: The Eleventh Circuit Clarifies “Intent to Defraud” under 18 U.S.C. § 1029(a)(1) Introduction In United States v. Alfred Davis, the Eleventh Circuit confronted a...
“File It or Lose It” – Fuller v. Carollo Establishes a Bright-Line Duty to File a Post-Judgment Notice of Appeal in the Eleventh Circuit

“File It or Lose It” – Fuller v. Carollo Establishes a Bright-Line Duty to File a Post-Judgment Notice of Appeal in the Eleventh Circuit

Date: Jul 23, 2025
“File It or Lose It” – Fuller v. Carollo Establishes a Bright-Line Duty to File a Post-Judgment Notice of Appeal in the Eleventh Circuit 1. Introduction In William O. Fuller & Martin A. Pinilla, II...
Clark v. DRC (2025): Referral-Response Rule & No Procurement Duty for Out-of-Custody Records under Ohio’s Public Records Act

Clark v. DRC (2025): Referral-Response Rule & No Procurement Duty for Out-of-Custody Records under Ohio’s Public Records Act

Date: Jul 23, 2025
Clark v. DRC (2025): Referral-Response Rule & No Procurement Duty for Out-of-Custody Records under Ohio’s Public Records Act 1. Introduction State ex rel. Clark v. Department of Rehabilitation and...
Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025)

Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025)

Date: Jul 23, 2025
Aggravated Stalking Is Not a “Violent Felony” for No-Bail Purposes: A Commentary on State v. Nicolae Beldiman (Vt. 2025) Introduction On 16 July 2025 a specially-assigned Justice of the Vermont...
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