standards-for-&amp Case Commentaries

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance”

Date: Oct 1, 2025

In re B.S.: The 15/22-Month Permanency Cap Meaningfully Limits Improvement-Period Extensions; Near-Completion of Treatment Is Not a “Compelling Circumstance” Introduction In this memorandum decision,...

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents

Date: Oct 1, 2025

In re B.N.: Delineated, Best‑Interest Visitation for Relative Caregivers Without a Grandparent Visitation Act Motion—and Strict Standing Limits for Non‑Intervenor Grandparents Introduction The...

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025)

Date: Oct 1, 2025

Temporary Guardianship Does Not Defeat Abuse-and-Neglect Jurisdiction; Voluntary Relinquishment Bars Case-Plan Attacks — Commentary on In re A.F. and K.F. (W. Va. Sept. 30, 2025) Introduction This...

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J.

Date: Oct 1, 2025

Termination Without Less Restrictive Alternatives and a Rigorous “Substantial Change” Threshold for Post‑Dispositional Improvement Periods: Commentary on In re A.F. and H.J. Introduction This...

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807

Date: Oct 1, 2025

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807 Court: Supreme Court of Georgia | Date: September 30,...

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist

Date: Oct 1, 2025

Eleventh Circuit: Sentencing Statistics Alone Do Not Prove § 3553(a)(6) Disparity; Statutory-Max Upward Variance and Consecutive Revocation Term Upheld for Child-Pornography Recidivist Introduction...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability

Date: Oct 1, 2025

Compliance with New York’s Health‑Care Vaccine Rule Defeats Title VII Religious-Accommodation Claims Absent a Proposed Duty Change; Short-Term Leave Alone Does Not Plead an ADA Disability Case: Cagle...

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing

Date: Oct 1, 2025

Second Circuit Reaffirms Permissibility of §2L1.2 “Double Counting” and Deferential Substantive-Reasonableness Review in Illegal-Reentry Sentencing Introduction In United States v. Garcia-Gonzalez,...

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture: Mickulin v. State (2025 WY 106)

Date: Oct 1, 2025

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture Case: In the Matter of U.S. Currency Totaling $54,226.00: Ronald S. Mickulin v. State of Wyoming Citation: 2025 WY...

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings

Date: Oct 1, 2025

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings Case: State v. L....

Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims

Date: Oct 1, 2025

Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims Court: Supreme Court of...

Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud

Date: Oct 1, 2025

Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud Introduction This commentary...

No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives

Date: Oct 1, 2025

No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives...

Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G.

Date: Oct 1, 2025

Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G. Introduction In a memorandum...

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination

Date: Oct 1, 2025

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination Case: In re R.D., P.D., and L.M., No. 24-593...

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Judicial Notice of a Witness’s Prior Competency Finding Does Not Usurp the Jury’s Credibility Function: United States v. Vázquez‑Rijos (1st Cir.) Introduction In a sprawling, multi-year prosecution...

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos (1st Cir.)

Date: Oct 1, 2025

Limited Judicial Notice of a Witness’s Prior Competency Finding and Strict Appellate Rules for Rule 37 Motions: United States v. Vázquez‑Rijos Introduction This commentary analyzes the First...

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive Alternatives

Date: Oct 1, 2025

No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive...

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