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

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6)

Date: May 7, 2025
No Reasonable Likelihood, No Less Restrictive Alternative: Affirming Termination of Parental Rights under WV Code §49-4-604(c)(6) Introduction This commentary examines the Supreme Court of West...
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct

Date: May 7, 2025
In re P.M.: Necessity of Terminating Parental Rights in Cases of Chronic Parental Absence and Violent Criminal Conduct Introduction In In re P.M. (No. 24-215, W. Va. May 6, 2025), the Supreme Court...
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6)

Date: May 7, 2025
Affirmation of “No Reasonable Likelihood” Standard in Parental Termination Under WV Code §49-4-604(c)(6) Introduction The Supreme Court of Appeals of West Virginia issued a memorandum decision in In...
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings

Date: May 7, 2025
Substantial Compliance Requirement for Post-Adjudicatory Improvement Period Extensions in Abuse and Neglect Proceedings Introduction In In re C.S., A.B., and G.K., the Supreme Court of Appeals of...
“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

“From Notice to Action” – The Donaldson Standard on Engineering Delays and Suicide-Prevention Duties for Bridge Owners

Date: May 7, 2025
“From Notice to Action” – The Donaldson Standard on Engineering Delay, Suicide-Prevention Measures and the Bridge Owner’s Duty of Reasonable Care Introduction Donaldson v. Port Authority of New York...
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts

Date: May 7, 2025
Maglana v. Celebrity Cruises Inc.: Clarifying Unlawful Detention and Outrageous Conduct in Maritime Torts Introduction In Maglana v. Celebrity Cruises Inc., the Eleventh Circuit addressed whether...
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings

Date: May 7, 2025
Recognition of Parental Denial and Third-Party Abuse as Aggravating Circumstances in Termination Proceedings Introduction In “In re E.V. and J.H.” (No. 24-216, May 6, 2025), the Supreme Court of West...
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2

Date: May 7, 2025
Mandating Child-Specific Findings in Abuse and Neglect Adjudications: In re A.B., Z.J., J.J.-1, R.J.-1 & J.J.-2 Introduction In the May 6, 2025 memorandum decision of the Supreme Court of Appeals of...
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

Date: May 7, 2025
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State Introduction Watson v. State, decided by the Supreme Court of Delaware on May 6, 2025, arises from the...
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

Date: May 7, 2025
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes Introduction This case arises from the Court of Appeals of Georgia’s review of a juvenile...
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Date: May 7, 2025
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act Introduction In Wallace v. State, 345 Ga. ___ (2025), the Supreme Court of Georgia addressed whether autopsy...
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Date: May 7, 2025
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony Introduction Routh v. State, decided by the Supreme Court of Georgia on May 6, 2025, clarifies the scope...
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton

Date: May 7, 2025
Judicial Determination of Felony Status as a Question of Law: United States v. Steven Fulton Introduction United States v. Steven Fulton, decided May 6, 2025 by the U.S. Court of Appeals for the...
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Date: May 7, 2025
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions Introduction This case arises from the Supreme Court of Georgia’s decision on the petition of Stephen...
Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Materiality of Omitted Administrative Rulings in Probable Cause Determinations

Date: May 7, 2025
Materiality of Omitted Administrative Rulings in Probable Cause Determinations Introduction Megan Hedgepeth v. Nash County is an unpublished Fourth Circuit decision addressing the interplay between...
Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Date: May 7, 2025
Reaffirming the Mandatory Nature of the Abatement Ab Initio Doctrine in New York: Appellate Division Maintains that Only the Court of Appeals or the Legislature May Alter the Rule 1. Introduction The...
“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” — A Commentary on Hernandez Benito v. Bondi (2d Cir. 2025)

Date: May 7, 2025
“Clarifying the Boundary of ‘Questions of Law’ in Asylum-Deadline Challenges” Commentary on Hernandez Benito v. Bondi, 23-6697 (2d Cir. May 6 2025) Introduction The United States Court of Appeals for...
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Date: May 7, 2025
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA Introduction State v. Bloomer, 2025 MT 93 (Mont. 2025), considers whether a district court may impose the...
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b)

Date: May 7, 2025
Furnisher’s Duty to Conduct Reasonable Reinvestigation Under FCRA §1681s-2(b) Introduction Michael and Andrew Ritz ("Plaintiffs") leased a vehicle that Nissan Motor Acceptance Corporation ("Nissan")...
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Date: May 7, 2025
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct Introduction The Supreme Court of Montana’s decision in Groenke v. Gabriel, 2025 MT 91, extends the...
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