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In re B.E., E.W., R.S., and O.S.: Unsupervised Contact with Registered Sex Offenders as Child Neglect and the Child-Specific Findings Requirement Introduction This memorandum decision from the...
No Statutory Authority, No Fee; Oral Sentencing Controls: State v. Nielsen (Mont. 2025, Noncitable) Note on precedential value. This is a memorandum opinion decided under Section I, Paragraph 3(c) of...
Mandatory Post-Petition Elapsed-Time Credit and No “Credit-for-Suspension” Trade-Off: Commentary on State v. L. Charles, 2025 MT 58 Introduction In State v. L. Charles, 2025 MT 58, the Montana...
Prosecutorial Use of the Recidivist Statute Cannot Be Set Aside as Arbitrary and Capricious; Life Sentence Is Mandatory When the Hoyle Threshold Is Met Introduction In SER State of West Virginia v....
Vacatur Required Under WV Appellate Rule 21(d) for Absence of Parent-Specific Case Plan Introduction This commentary examines In re L.P., No. 24-74 (W. Va. Mar. 25, 2025), in which the Supreme Court...
Mandatory Probate Objection Procedure and Transferee Liability under 8 CMC § 2506: Bank of Saipan v. Ohry Introduction The Supreme Court of the Northern Mariana Islands decided Bank of Saipan v. Ohry...
Mandamus Unavailable to Correct Jail‑Time Credit; Remedy Lies in R.C. 2929.19(B)(2)(g)(iii) Motion Introduction In State ex rel. Duncan v. Chambers-Smith, 2025-Ohio-978, the Supreme Court of Ohio...
Outstanding Document Demands Do Not Stall Approval of a Liquidating Trustee’s Final Distribution; Corporate‑Benefit Fees Unavailable for Waived, Unincurred Attorney Bills Case: Durham v. Grapetree,...
Pretrial Home Incarceration as a Condition of Bond Constitutes “Custody” Under West Virginia’s Escape Statute Introduction In State of West Virginia v. Corbett Maurice Carter (No. 23-277), the...
Waiver of Double Jeopardy Claims and the Multiple‑Victim Distinction in Malicious Assault and Wanton Endangerment: Justice Armstead’s Partial Dissent in State v. Anthony M. Introduction This...
No Case Plan, No Termination: West Virginia High Court Requires an Individualized Family Case Plan for Each Parent Before Disposition Introduction In In re L.P., No. 24-74 (W. Va. Mar. 25, 2025), the...
Implied Consent Does Not Bar Warrant-Based Blood Draws for First-Time DUI Suspects: State v. Clinkenbeard (Mont. 2025) Introduction In State v. Clinkenbeard, 2025 MT 54, the Supreme Court of Montana...
Preemption as Statutory Interpretation: Montana Agencies May Decide Federal Preemption; EO 14042 Expressly Preempted § 49-2-312 for Federal Contractors Introduction In Qlarant Integrity Solutions,...
Good Cause Means Diligence: Montana Supreme Court Affirms Limits on Backdating UI Claims and New Evidence on Board Appeal in Lake v. Montana Department of Labor & Industry Court: Supreme Court of...
Proof of Knowledge in Bail Jumping Requires Actual Notice: State of New Hampshire v. Doty 1. Introduction The Supreme Court of New Hampshire’s decision in State of New Hampshire v. Ghenton Doty...
Permitting Unsupervised Contact with a Registered Sex Offender as Neglect: Clear-and-Convincing Evidence and Specific Findings Requirement Introduction In re B.E., E.W., R.S., and O.S. (No. 23-540)...
No Per Se Reversal for Technical Jury-Selection Violations: State v. Hillious Clarifies Substantial Compliance, Strict Timeliness, and Treats TOP Petitions as Testimonial Introduction In State v....
Victim-Specific Clarity Required to Avoid Double Jeopardy When Malicious Assault and Wanton Endangerment Arise from a Single Gunshot Introduction In State of West Virginia v. Anthony M., the Supreme...
Mandatory Dispositional Hearings in All Abuse-and-Neglect Dispositions and the Child’s Non‑Waivable Right to Counsel: Commentary on In re C.E. (W. Va. 2025) Introduction This commentary examines the...
No generalized adjudications: West Virginia high court requires child-specific findings and upholds neglect finding for extended, unsupervised visits with a registered child sex offender Introduction...