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

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...
Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements

Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements

Date: May 7, 2025
Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements Introduction This commentary examines the Supreme Court of Nevada’s Order in Nicherie v. Sharda (No....
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Date: May 7, 2025
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia Introduction Nelson v. State, decided May 6, 2025 by the Supreme Court of Georgia, concerns appellant...
Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth

Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth

Date: May 7, 2025
Allowing Employer’s Interested-Witness Evidence at Summary Judgment in Discrimination Cases: New Rule in Mauldin v. Wormuth Introduction Mauldin v. Wormuth (10th Cir. May 6, 2025) is a landmark...
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines

Date: May 7, 2025
Incorporation of Standard Supervised-Release Conditions and Controlled Substance Offense Clarification under the Fourth Circuit Sentencing Guidelines Introduction The Fourth Circuit’s unpublished per...
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Date: May 7, 2025
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions Introduction In Johnson v. State, 307 Ga. 109 (2025), the Supreme Court of Georgia confronted...
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Date: May 7, 2025
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions Introduction Johnson v. State is a 2025 decision of the Supreme Court of...
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process

Date: May 7, 2025
Establishing the Constitutional Threshold for Judicial Impartiality: Unexceptional Campaign Contributions and Past Associations Do Not Violate Due Process Introduction Meade v. Bonin is a Fifth...
Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi

Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi

Date: May 7, 2025
Qualified Immunity Shield for Non-Lethal Force Against Suicidal, Noncompliant Subjects: Cambre v. Gottardi Introduction In Cambre v. Gottardi, the Fifth Circuit addressed whether two Sheriff’s Office...
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Date: May 7, 2025
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings Introduction In In re E.W., N.W., and R.W., the Supreme Court of Appeals of West Virginia...
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Date: May 7, 2025
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination Introduction This memorandum decision arises from the appeal of Father A.W....
Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear

Date: May 7, 2025
Reyes Santos v. Bondi: Strict Exhaustion and the Non-Jurisdictional Nature of Date-Less Notices to Appear 1. Introduction Reyes Santos v. Bondi, No. 23-7182 (2d Cir. May 6 2025) is a Second Circuit...
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Date: May 7, 2025
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker Introduction In State v. James Houston Parker (2025 MT 92), the Supreme Court of Montana confronted the proper mental-state...
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

Date: May 7, 2025
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections Introduction State of Montana v. Cheyene Leilani-Amber Zielie (2025 MT 90) addresses two related...
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Date: May 7, 2025
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees Introduction In Marriage of Urell, 2025 MT 95N, the Supreme Court of Montana reviewed a...
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Date: May 7, 2025
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State Introduction Patterson v. State, decided by the Supreme Court of Georgia on May 6,...
Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment

Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment

Date: May 7, 2025
Extension of Doyle: Prohibition on Using Post-Arrest Partial Silence for Impeachment Introduction Case: United States v. Ward Court: U.S. Court of Appeals for the Tenth Circuit Date: May 6, 2025...
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Date: May 7, 2025
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State Introduction This commentary examines the Supreme Court of Georgia’s...
RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions

RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions

Date: May 7, 2025
RFRA’s Express‐Authorization Exception to Consular Nonreviewability: Judicial Review of Visa Decisions Introduction In Calvary Albuquerque Inc. v. Rubio (10th Cir. 2025), a New Mexico church...
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