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“The Jaksha Doctrine” – Finality of Stipulated Custody-Modification Orders & Limits on Post-Term Vacatur in Nebraska Introduction Jaksha v. Jaksha, 319 Neb. 308 (2025), arises from protracted...
Reaffirming the Narrow Application of Permanent Disbarment: The Supreme Court of Pennsylvania Clarifies the Keller Threshold in In re Cappuccio 1. Introduction On 2 July 2025, the Supreme Court of...
“Sole-Discretion Easement Termination” Doctrine Comprehensive Commentary on Radford v. Van Orden, Supreme Court of Idaho (2025) 1. Introduction Parties. Mark Radford and his entity, Hallo Properties,...
“No Emergency of One’s Own Making” – The Montana Supreme Court Clarifies Timeliness and Factual Sufficiency for Original Jurisdiction Petitions 1. Introduction On 1 July 2025, the Supreme Court of...
Settlement Offers Do Not Waive Contractual Conditions Precedent Commentary on Kratzer Construction v. Hardy Construction Co., Inc., 2025 MT 140 Introduction In Kratzer Construction v. Hardy...
Testimony by Non-Presiding Judges and the Discretionary Weight of Guardian Ad Litem Recommendations in Montana Parenting-Plan Litigation 1. Introduction Case: In re the Marriage of Kahl & Sperano,...
Stipulations and Harmless Error: The Montana Supreme Court Refines Right-to-Counsel Violations, Tribal Transfer Motions, and ICWA Placement in In re I.R.S. & M.W.A.H. Introduction On 1 July 2025 the...
“More Than a Question”: The Montana Supreme Court Clarifies that a Mere Inquiry Is Not a Motion to Transfer under MICWA § 41-3-1310 and Re-confirms the Narrow Scope of Relative Intervention in Indian...
State v. Warr: Mandatory Second-Chance Withdrawal after Rejection of a Binding Plea Agreement under § 46-12-211(4), MCA Introduction In State v. J. Warr, 2025 MT 138, the Montana Supreme Court...
State v. Welzel: Clarifying “Under the Order of the Court” for Credit on Time Spent in Residential Treatment Facilities Introduction State v. Welzel, 2025 MT 136, is a decision of the Supreme Court...
Expanding Fee-Shifting under Montana’s UDJA: A Detailed Commentary on Upper Missouri Waterkeeper v. Broadwater County & DNRC (2025 MT 137) 1. Introduction Upper Missouri Waterkeeper, several local...
“We Do, the Bureau May”: State v. Crist and the Court-Centric Rule for Determining Substantial Equivalency Under Idaho’s Sex Offender Registration Act Introduction State v. Crist, 50737 (Idaho July 1...
Meaningful Review Revisited: Idaho Supreme Court Narrows “Plan-or-Design Immunity” to Government Plans & Change Orders that Receive Actual, Documented Scrutiny South Hill Meat Lockers Inc. v. Idaho...
“Any Means Any”: Idaho Code § 49-456 Applies to All Vehicles Driven in Idaho — A Comprehensive Commentary on State v. Sherwood (Idaho 2025) 1. Introduction Background. In State v. Sherwood, the Idaho...
Gallegos v. Gallegos – Wyoming Supreme Court Re-Affirms Strict Procedural Compliance for Pro Se Appellants Introduction The Wyoming Supreme Court’s decision in Latoya L. Adams f/k/a Latoya L....
State v. Fletcher: Idaho Supreme Court Declares Drug-Dog “Free-Air” Sniffs Non-Searches Under Article I § 17 and Re-Affirms the Bright-Line Automobile Exception 1. Introduction State v. Fletcher,...
State v. Popp (2025): Narrowing “Reasonable Suspicion” When the Predicate Offense is Littering under Idaho Code § 18-7031 1. Introduction State v. Popp is the Idaho Supreme Court’s most recent...
No Do‑Overs for Pro Se Capital Defendants: Invited Error and Colorable-Claim Gatekeeping Foreclose Postconviction Mitigation Challenges Introduction This commentary examines the Florida Supreme...
Narrowing OV 7 After the 2015 Amendments: “Similarly Egregious” Conduct and an Intent-to-Heighten-Fear Requirement Highlighted in People v. Brownfield Introduction This commentary analyzes the...
Certification Is Not a Vehicle to Revisit Settled Law: Michigan Supreme Court Declines to Answer Federal Certified Question on the Medical-Malpractice Damages Cap Introduction This commentary...