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  • Commentaries
  • Judgments

standards-for-& Case Commentaries

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations

Date: Jun 27, 2025
United States v. Sanchez-Urias: The Tenth Circuit Clarifies that Appeal-Waiver Exceptions are Triggered by the Sentence Imposed, Not by Guideline-Level Calculations 1. Introduction In United States...
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine

Date: Jun 27, 2025
United States v. Teerlink: No Contractual “Footnote Escape Hatch” from the Invited-Error Doctrine Introduction United States v. Teerlink, 94 F.4th ___ (10th Cir. 2025), presented the Tenth Circuit...
“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025)

“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025)

Date: Jun 27, 2025
“Beyond the Fine Print” – Idaho’s Supreme Court Confirms Broad Judicial Enforcement of Recreational Liability Waivers in Vaughan v. Gateway Parks, LLC (2025) 1. Introduction The Idaho Supreme Court’s...
Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59

Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59

Date: Jun 27, 2025
Affirming Judicial Gate-Keeping: The Idaho Supreme Court Clarifies Standards for Vexatious-Litigant Prefiling Orders under ICAR 59 Introduction Smith v. Hippler, docket no. 51412-2023, is the Idaho...
People v. Thompson (2025): Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen

People v. Thompson (2025): Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen

Date: Jun 27, 2025
People v. Thompson (2025 IL 129965) Illinois Supreme Court Endorses Shall-Issue Licensing as Constitutional After Bruen Introduction In People v. Thompson, the Illinois Supreme Court confronted a...
State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media

State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media

Date: Jun 27, 2025
State v. Garcia: Reinforcing the Actual-Prejudice Standard for Change-of-Venue Motions in the Era of Instant Media Introduction State v. Garcia, No. S-1-SC-39925 (N.M. June 26 2025), is a...
People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches

People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches

Date: Jun 27, 2025
People v. Martin: Forward-Looking Suppression Rule for Pre-MRTA Searches Introduction In People v. Martin, 2025 NY Slip Op 03842 (App. Div. 3d Dep’t June 26, 2025), the Third Department confronted a...
The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions

The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions

Date: Jun 27, 2025
The Jakobovitz Rule: Affixing Undated Allonges to a Copy of a Lost Note Does Not Confer Standing in New York Foreclosure Actions 1. Introduction 1900 Capital Trust II v. Jakobovitz (2025 NY Slip Op...
Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule – Commentary on Bearden v. City of Ocean Shores (Wash. 2025)

Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule – Commentary on Bearden v. City of Ocean Shores (Wash. 2025)

Date: Jun 27, 2025
Guaranteed Annual Paid Military Leave for Washington Public Employees Irrespective of Work Schedule Commentary on Bearden v. City of Ocean Shores, Supreme Court of Washington, 2 Wn.3d ___ (2025) 1....
“Mere Possession” as the Outer Limit: People v. Hoffman and the Narrowing of Illinois’ Sentence-Reduction Statute

“Mere Possession” as the Outer Limit: People v. Hoffman and the Narrowing of Illinois’ Sentence-Reduction Statute

Date: Jun 27, 2025
“Mere Possession” as the Outer Limit: People v. Hoffman (2025) and the Narrowing of § 5-4-1(c-1.5) of the Illinois Unified Code of Corrections I. Introduction In People v. Hoffman, 2025 IL 130344,...
Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing

Date: Jun 27, 2025
Davis v. State: Delaware Clarifies “Reasonable Means” Under D.R.E. 804(a)(5) and Re-Affirms Forfeiture-by-Wrongdoing 1. Introduction In Davis v. State, No. 223, 2024 (Del. June 26, 2025), the...

        “Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory
        Respect for Out-of-State Attorney Discipline and Tightens the
        Extraordinary-Waiver Standard  –  Commentary on Marin v. Utah State Bar, 2025 UT 18

“Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory Respect for Out-of-State Attorney Discipline and Tightens the Extraordinary-Waiver Standard – Commentary on Marin v. Utah State Bar, 2025 UT 18

Date: Jun 27, 2025
“Full Faith, Full Bar”: Utah Supreme Court Re-affirms Mandatory Respect for Out-of-State Attorney Discipline and Tightens the Extraordinary-Waiver Standard – Commentary on Marin v. Utah State Bar,...
“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations

“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations

Date: Jun 27, 2025
“Fischer Suspension Doctrine” – Immediate Interim Suspension for Repeated Non-Compliance and Unsubstantiated Hardship Claims in Attorney Disciplinary Investigations Introduction Matter of Fischer...
Reposting Judicial Accusations on Social Media Can Breach Rule 4-8.2(a): Florida Supreme Court Affirms 30-Day Suspensions and Reiterates Limits on Lawyer Speech and Judicial Inquiry

Reposting Judicial Accusations on Social Media Can Breach Rule 4-8.2(a): Florida Supreme Court Affirms 30-Day Suspensions and Reiterates Limits on Lawyer Speech and Judicial Inquiry

Date: Jun 27, 2025
Reposting Judicial Accusations on Social Media Can Breach Rule 4-8.2(a): Florida Supreme Court Affirms 30-Day Suspensions and Reiterates Limits on Lawyer Speech and Judicial Inquiry Introduction In...

        State v. Best – Idaho Supreme Court Narrows the “Sufficiency-of-the-Evidence”
        Exception to Issue Preservation in Suppression Appeals

State v. Best – Idaho Supreme Court Narrows the “Sufficiency-of-the-Evidence” Exception to Issue Preservation in Suppression Appeals

Date: Jun 27, 2025
State v. Best – Idaho Supreme Court Narrows the “Sufficiency-of-the-Evidence” Exception to Issue Preservation in Suppression Appeals Introduction In State v. Best, the Idaho Supreme Court confronted...
Ramlow v. Mitchell: Idaho Supreme Court Confirms Broad Trial-Court Discretion to Dismiss Parallel Proceedings under I.R.C.P. 12(b)(8)

Ramlow v. Mitchell: Idaho Supreme Court Confirms Broad Trial-Court Discretion to Dismiss Parallel Proceedings under I.R.C.P. 12(b)(8)

Date: Jun 27, 2025
Ramlow v. Mitchell: Idaho Supreme Court Confirms Broad Trial-Court Discretion to Dismiss Parallel Proceedings under I.R.C.P. 12(b)(8) Introduction In Ramlow v. Mitchell, the Idaho Supreme Court...
Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Legislative Funding Marks the End-Point of the Deliberative Process Exemption – Comment on Citizen Action Defense Fund v. Office of Financial Management (Wash. 2025)

Date: Jun 27, 2025
Legislative Funding Marks the End-Point of the Deliberative Process Exemption A Commentary on Citizen Action Defense Fund v. Office of Financial Management, Supreme Court of Washington, No. 103370-2...
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts

Date: Jun 27, 2025
“Quash and Control”: New Mexico Affirms District Courts’ Inherent Power to Nullify Post-Indictment Warrants Issued by Inferior Courts 1. Introduction State v. Chavez, 2025-NMSC-___, stands at the...
The “Democratic-Integrity” Disbarment Standard:  Matter of Chesebro (2025) and Its Enduring Legacy

The “Democratic-Integrity” Disbarment Standard: Matter of Chesebro (2025) and Its Enduring Legacy

Date: Jun 27, 2025
The “Democratic-Integrity” Disbarment Standard Matter of Chesebro (2025 NY Slip Op 03855) Introduction Matter of Chesebro is the first reported New York disciplinary opinion to identify an attorney’s...
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. N.Y. Public Service Commission

Date: Jun 27, 2025
No Waiver of the Cost-Recovery Prohibition for Storm-Outage Credits: Central Hudson Gas & Electric Corp. v. New York Public Service Commission 1. Introduction In Matter of Central Hudson Gas &...
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