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

“Continuous Coercion” & the Role of Personal History: A Comprehensive Commentary on State v. Joan L. Stetzer, 2025 WI 34

“Continuous Coercion” & the Role of Personal History: A Comprehensive Commentary on State v. Joan L. Stetzer, 2025 WI 34

Date: Jul 5, 2025
“Continuous Coercion” & the Role of Personal History: State v. Joan L. Stetzer, 2025 WI 34 – New Parameters for Wisconsin’s Coercion Defense 1. Introduction On 3 July 2025 the Wisconsin Supreme Court...
Wisconsin DOC v. Hayes: Supreme Court Clarifies “Good-Cause” Threshold for Hearsay at Probation-Revocation Hearings

Wisconsin DOC v. Hayes: Supreme Court Clarifies “Good-Cause” Threshold for Hearsay at Probation-Revocation Hearings

Date: Jul 5, 2025
Wisconsin DOC v. Hayes: Supreme Court Clarifies “Good-Cause” Threshold for Hearsay at Probation-Revocation Hearings Introduction In State ex rel. Wisconsin Department of Corrections, Division of...
Implied-Repeal-by-Substitution:  Wisconsin Supreme Court Dispenses with the 1849 Abortion Ban in Josh Kaul v. Urmanski (2025 WI 32)

Implied-Repeal-by-Substitution: Wisconsin Supreme Court Dispenses with the 1849 Abortion Ban in Josh Kaul v. Urmanski (2025 WI 32)

Date: Jul 5, 2025
Implied-Repeal-by-Substitution: Wisconsin Supreme Court Dispenses with the 1849 Abortion Ban in Josh Kaul v. Urmanski (2025 WI 32) 1. Introduction The Wisconsin Supreme Court’s decision in Josh Kaul...
“The Davis Doctrine” – Post-Verdict Juror Statements Are Inadmissible Under NRS 50.065(2)(a)

“The Davis Doctrine” – Post-Verdict Juror Statements Are Inadmissible Under NRS 50.065(2)(a)

Date: Jul 5, 2025
“The Davis Doctrine” – Post-Verdict Juror Statements Are Inadmissible Under NRS 50.065(2)(a) Introduction Davis (Laron) v. State, decided by the Supreme Court of Nevada on 2 July 2025, concerns the...
“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County (373 Or 790)

“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County (373 Or 790)

Date: Jul 5, 2025
“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County, 373 Or 790 (2025) 1. Introduction In...
Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants

Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants

Date: Jul 5, 2025
Allen v. State (2025): The “Self-Representation Bar” – Clarifying the Procedural Limits on Postconviction Claims by Pro Se Capital Defendants Introduction Scottie D. Allen, already serving a 25-year...
Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation – Commentary on Carlton Smith v. Attorney General, State of Georgia (2025)

Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation – Commentary on Carlton Smith v. Attorney General, State of Georgia (2025)

Date: Jul 5, 2025
Eleventh Circuit Re-Affirms Due-Process Prerequisites and Magistrate-Referral Authority in § 1983 Habeas-Related Litigation Commentary on Carlton Smith v. Attorney General, State of Georgia, 24-12929...
Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value

Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value

Date: Jul 5, 2025
Eleventh Circuit Clarifies “New-for-Old” Clause: Insurer’s Liability in Marine Hull Policies Is Capped at the Lesser of Repair Cost or Reasonable Value 1. Introduction In Certain Underwriters at...
“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025)

Date: Jul 5, 2025
“Only De Minimis Force”: The Eleventh Circuit Re-affirms a Narrow Excessive-Force Threshold for School Resource Officers in Glenn v. Britt (2025) 1. Introduction Glenn v. Britt, No. 23-11890 (11th...
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability

Date: Jul 5, 2025
“Temporal Disconnect” Doctrine: Eleventh Circuit Clarifies that an Employer’s Pre-Existing Decision to Terminate Bars FMLA Interference and Retaliation Liability 1. Introduction In Linda Banks v....
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting

Date: Jul 5, 2025
“No Prejudice, No Relief” – Eleventh Circuit Clarifies Strickland-Prejudice When Appellate Counsel Omits an Ineffective-Assistance Claim in a Plea/Interlocutory-Appeal Setting 1. Introduction In...
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision: Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron (11th Cir. 2025)

Date: Jul 5, 2025
FINRA Awards Need Not Detail Subsidiary Issues Absent Joint Request for a Reasoned Decision Commentary on UBS Financial Services, Inc. of Puerto Rico v. David Efron, 23-13879 (11th Cir. July 3 2025)...
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025)

Date: Jul 5, 2025
“Tapia Does Not Control Compassionate Release”: A Detailed Commentary on United States v. Francisco Saldana (11th Cir. 2025) 1. Introduction The Eleventh Circuit’s unpublished but significant...
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas

Date: Jul 5, 2025
United States v. Simpkins – Eleventh Circuit Clarifies that Courts Need Not Forecast Guideline Consequences When Accepting Waivers and Guilty Pleas Introduction United States v. Richard Simpkins (No....
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings

Date: Jul 5, 2025
Sixth Circuit Endorses Measured Reliance on JSIN Statistics When Balancing § 3553(a) Factors in Child-Pornography “Sextortion” Sentencings Introduction United States v. Brenden David Martin is an...
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Anderson

Date: Jul 5, 2025
Rule 36 Is Not a Back-Dating Device: Sixth Circuit Re-defines the Narrow Ambit of “Clerical Error” in United States v. Marzell Anderson, III Introduction The Sixth Circuit’s unpublished opinion in...
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA

Date: Jul 5, 2025
Crick v. Rogers: Denial of a State Evidentiary Hearing as a Merits Adjudication – Re-affirming “Double Deference” Under AEDPA 1. Introduction Crick v. Rogers, No. 24-6190 (10th Cir. July 3, 2025), is...
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed:  Carter v. Cook County Sheriff

“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff

Date: Jul 5, 2025
“No Continuing Seizure” and the Abandonment Doctrine Reaffirmed: Carter v. Cook County Sheriff, Seventh Circuit (2025) 1. Introduction Alexander Carter and eight co-plaintiffs, all former detainees...
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump

Date: Jul 5, 2025
Re-Defining the Reach of Universal Injunctions: The First Circuit’s Post-CASA Remand Protocol in State of New Jersey v. Trump Introduction On 3 July 2025, the United States Court of Appeals for the...
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims

Date: Jul 5, 2025
United States v. Rosario-Sánchez: The First Circuit Re-Affirms the “Apples-to-Apples” Standard for Co-Defendant Sentencing-Disparity Claims 1. Introduction The First Circuit’s decision in United...
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