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strict-enforcement-of-probation-conditions:-a-landmark-decision-in-in-re:-michael-thomas-joseph, Case Commentaries

Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025)

Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025)

Date: Jul 10, 2025
Evenhanded Housekeeping & Casual Dialogue: The Fifth Circuit Narrows “Coercive Interrogation” and Endorses Neutral Policy Enforcement in Apple v. NLRB (2025) 1. Introduction This commentary examines...
Series-Qualifier Ambiguity & the Insured-Friendly Rule:  Fifth Circuit Narrows Intellectual-Property Exclusions in D&O Policies

Series-Qualifier Ambiguity & the Insured-Friendly Rule: Fifth Circuit Narrows Intellectual-Property Exclusions in D&O Policies

Date: Jul 10, 2025
Series-Qualifier Ambiguity & the Insured-Friendly Rule: Paloma Resources, L.L.C. v. Axis Insurance Co. (5th Cir. July 7 2025) 1. Introduction Paloma Resources, L.L.C. (“Paloma”) purchased a Directors...
“Checking the Right Box”:  Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII

Date: Jul 10, 2025
“Checking the Right Box”: Whittington v. Harris County and the Fifth Circuit’s Clarification of Color-versus-Race Exhaustion under Title VII Introduction In Whittington v. Harris County, Texas,...
Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies

Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies

Date: Jul 10, 2025
Fourth Circuit Clarifies Coverage for Resultant Property Damage Versus Defective Work Under Owner-Controlled CGL Policies Introduction Houston Casualty Company v. Trident Construction Services, LLC...
“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson

“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson

Date: Jul 10, 2025
“New” Means Newly Accessible: The Fourth Circuit Clarifies Schlup’s Actual-Innocence Gateway in Justin Wolfe v. Chadwick Dotson Introduction For more than two decades the prosecution of Justin...
Fourth Circuit Clarifies that Non-Retroactive § 924(c) “Anti-Stacking” Amendments May Constitute “Extraordinary and Compelling Reasons” for Compassionate Release

Fourth Circuit Clarifies that Non-Retroactive § 924(c) “Anti-Stacking” Amendments May Constitute “Extraordinary and Compelling Reasons” for Compassionate Release

Date: Jul 10, 2025
United States v. Richard Smith, Jr.: Non-Retroactive § 924(c) Reform as an “Extraordinary and Compelling Reason” Fourth Circuit, July 7 2025 Introduction In United States v. Richard Smith, Jr. (4th...
United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense

United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense

Date: Jul 10, 2025
United States v. Simmons: Limiting the Firearm-Counting Rule in §2K2.1(b) — Non-NFA Weapons Are Irrelevant Unless Tied to the NFA Offense Introduction In United States v. Stephen Simmons, No. 23-4607...
“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy Wheatley

“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy Wheatley

Date: Jul 10, 2025
“Same-Course-of-Conduct” Expanded: Repeated Felon-in-Possession Incidents Within a Brief Interval Constitute Relevant Conduct After an Unconditional Guilty Plea – Commentary on United States v. Troy...
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Date: Jul 10, 2025
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing Introduction Barlow v. State, decided by the Supreme Court of Delaware on 8 July...
“Effective Upon the Date of Application” – The Idaho Supreme Court Establishes Retroactive Homestead Exemption & Affirms Broad Enforcement Powers of the State Tax Commission

“Effective Upon the Date of Application” – The Idaho Supreme Court Establishes Retroactive Homestead Exemption & Affirms Broad Enforcement Powers of the State Tax Commission

Date: Jul 10, 2025
“Effective Upon the Date of Application” Retroactive Homestead Exemption & Broad Enforcement Authority of the Idaho State Tax Commission (Latah County v. Idaho State Tax Commission, 2025) 1....
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N)

When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N)

Date: Jul 10, 2025
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator Commentary on Conservatorship of S.H.C., 2025 MT 151N...
Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Commentary on Estate of Elliot, 2025 MT 149

Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Commentary on Estate of Elliot, 2025 MT 149

Date: Jul 10, 2025
Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Comprehensive Commentary on Estate of Elliot, 2025 MT 149 Introduction Estate of Elliot is the...
Equitable Rescission in Grantor-Support Agreements Clarified: Commentary on Helvik v. Tuscano (2025 MT 150)

Equitable Rescission in Grantor-Support Agreements Clarified: Commentary on Helvik v. Tuscano (2025 MT 150)

Date: Jul 10, 2025
Equitable Rescission in Grantor-Support Agreements Clarified: Comprehensive Commentary on Helvik v. Tuscano, 2025 MT 150 Introduction Helvik v. Tuscano is the Montana Supreme Court’s most significant...
Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property

Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property

Date: Jul 10, 2025
Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property 1. Introduction In In the Matter of the Estate of Rosemary E. Colver, 2025 MT 146,...
Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims

Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims

Date: Jul 10, 2025
Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims 1. Introduction Shelby Ragner was convicted by a Gallatin County jury of Sexual...
“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct

“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct

Date: Jul 10, 2025
“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct 1. Introduction State v. Douglas Baertsch, 2025 MT 143, is a high-profile decision of the...
Schultz and the “Fictional Victim” Rule:  Mandatory-Minimum Enhancements Require an Actual Child Victim

Schultz and the “Fictional Victim” Rule: Mandatory-Minimum Enhancements Require an Actual Child Victim

Date: Jul 10, 2025
Schultz and the “Fictional Victim” Rule: Mandatory-Minimum Enhancements Require an Actual Child Victim Introduction State v. Schultz, 2025 MT 142, arises from an Internet sting in which David Ray...

        “Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a
        Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation —
        Commentary on State v. N. Huff, 2025 MT 152N

“Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation — Commentary on State v. N. Huff, 2025 MT 152N

Date: Jul 10, 2025
“Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation — Commentary...
“Two Paths for Victim-Violence Evidence”: Clarifying Rule 404(a)(2) & 405(a) After State v. Donahue (2025 MT 144)

“Two Paths for Victim-Violence Evidence”: Clarifying Rule 404(a)(2) & 405(a) After State v. Donahue (2025 MT 144)

Date: Jul 10, 2025
“Two Paths for Victim-Violence Evidence” Clarifying Rule 404(a)(2) & 405(a) in Self-Defense Cases — Commentary on State v. R. Donahue, 2025 MT 144 1. Introduction In State v. Donahue the Montana...
Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147)

Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147)

Date: Jul 10, 2025
Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147) Introduction State v. Stephen Eric...
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