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

Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden

Date: May 23, 2025
Pretrial Fairness Act: Conditions Hearing as Sole Remedy When State Fails to Prove Detention Burden Introduction People v. Cousins (2025 IL 130866) is a landmark decision by the Illinois Supreme...
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements

Date: May 23, 2025
Federal Preemption Does Not Void Voluntary Division of Veterans’ Disability Benefits in Marital Settlements Introduction In In re Marriage of Tronsrue, 2025 IL 130596, the Illinois Supreme Court...
Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials

Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials

Date: May 23, 2025
Clarifying Standards for Present Sense Impressions and Alternative Perpetrator Evidence in Federal Criminal Trials Introduction The Second Circuit’s summary order in United States v. Rodriguez, No....
“Provisional Presidential Removal Power” —  Trump v. Wilcox and the Supreme Court’s Shadow-Docket Recalibration of Humphrey’s Executor

“Provisional Presidential Removal Power” — Trump v. Wilcox and the Supreme Court’s Shadow-Docket Recalibration of Humphrey’s Executor

Date: May 23, 2025
“Provisional Presidential Removal Power” — Trump v. Wilcox and the Supreme Court’s Shadow-Docket Recalibration of Humphrey’s Executor Introduction On 22 May 2025 the Supreme Court, acting on its...
Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement

Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement

Date: May 23, 2025
Rehabilitation, Cooperation, and Fair Application of Brown II Factors in Attorney Reinstatement Introduction In No. 23-71, In re Petition for Reinstatement of C. Michael Sparks, Justice Walker...
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms

Date: May 23, 2025
Unanimous First-Degree Verdicts and the CCP Aggravator: Florida Supreme Court Affirms Introduction In Mark H. Wilson v. State of Florida, No. SC2023-0320 (Fla. May 22, 2025), the Florida Supreme...
Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent

Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent

Date: May 23, 2025
Permissible Scope of Traffic Stops: Vehicle Registration Inquiry and Voluntary Consent Introduction Richard Clark Hanson v. The State of Wyoming (2025 WY 56) presented before the Supreme Court of...
Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3)

Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3)

Date: May 23, 2025
Notice of Appearance Bars Default Judgment Under RCW 59.18.365(3) Introduction Sangha v. Keen, decided May 22, 2025 by the Supreme Court of Washington, addresses whether RCW 59.18.365 permits a...
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens

Date: May 23, 2025
New Standard for Substantial Compliance of Preliminary Notices and Proportional Allocation of Condominium Construction Liens Introduction New Star General Contractors, Inc. (“New Star”) sued Dumar,...
Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge

Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge

Date: May 23, 2025
Affirmation of 18 U.S.C. § 922(g)(8)(C)(ii): Disarming Individuals under Domestic-Violence Orders Survives Facial Second Amendment Challenge 1. Introduction This commentary examines the Tenth...
Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles

Date: May 23, 2025
Scope of Government’s Plea Promises and Restitution Authority Affirmed in US v. Jean-Gilles Introduction United States v. Kevin Jean-Gilles is a 2025 Eleventh Circuit decision upholding a 235-month...
Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications

Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications

Date: May 23, 2025
Eleventh Circuit Clarifies Discretion for Upward Variances Based on Undisputed Criminal Conduct and Juvenile Adjudications Introduction The decision in United States v. Derrick Ford, No. 24-11412...
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement

Date: May 23, 2025
Actual Knowledge Through Third-Party Litigation Satisfies UCC §2-607 Notice Requirement Introduction This commentary examines the Illinois Supreme Court’s decision in Andrews v. Carbon on 26th, LLC...
Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Holm v. Holm: Discretionary Discovery Sanctions and Statutory Valuation Date Clarified

Date: May 23, 2025
Holm v. Holm (2025 ND 100): Discretionary Discovery Sanctions and Statutory Valuation Date Clarified Introduction Holm v. Holm, 2025 ND 100 (N.D. May 22, 2025), is a Supreme Court of North Dakota...
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms

Date: May 23, 2025
People v. Terry (2025): Business-Record Admissibility of Probation “Client Contact Lists” and the Continuing Rejection of Overbroad Appeal-Waiver Forms Introduction The Third Department’s decision in...
Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Welch v. Atlas Turner: Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets

Date: May 22, 2025
Enforcement of Corporate Discovery Obligations and Pre-Judgment Receivership Over Insurance Assets Introduction In Donna B. Welch v. Atlas Turner, Inc., the Supreme Court of South Carolina confronted...
Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices

Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices

Date: May 22, 2025
Imposition of Pro Se Filing Restrictions to Prevent Abusive Litigation Practices Introduction In the case of Stickney v. The Hon. Daniel G. Wood, No. 2025AP873-OA, decided May 21, 2025 by the Supreme...
Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants

Date: May 22, 2025
Inherent Authority to Impose Filing Restrictions on Abusive Pro Se Litigants Introduction In In re Tyler C. Frick, the Supreme Court of Wisconsin addressed a recurring pattern of abusive filings by...
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III

Date: May 22, 2025
United States v. Bourrage: Expanding Standing and Franks‐Hearing Standards Under Title III 1. Introduction In United States v. Bourrage (5th Cir. May 21, 2025), the Fifth Circuit considered five...
Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Limiting Organizational and Associational Standing in SDWA Primacy Challenges

Date: May 22, 2025
Limiting Organizational and Associational Standing in SDWA Primacy Challenges 1. Introduction In Deep South Center for Environmental Justice v. EPA, the Fifth Circuit addressed whether three...
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