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

“Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland”

“Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland”

Date: May 7, 2025
Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland Introduction In Denny v. State, decided May 6, 2025, the Supreme Court of Georgia addressed whether...
Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b)

Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b)

Date: May 7, 2025
Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b) Introduction In Coleman v. State, decided May 6, 2025, the Supreme Court of Georgia addressed the...
Constructive Denial and Interlocutory Jurisdiction in NLRB Proceedings

Constructive Denial and Interlocutory Jurisdiction in NLRB Proceedings

Date: May 7, 2025
Constructive Denial and Interlocutory Jurisdiction in NLRB Proceedings Introduction Amazon.com Services LLC (“Amazon”) appealed the district court’s handling of its request for injunctive relief to...
Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context

Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context

Date: May 7, 2025
Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context Introduction In State ex rel. Clark v. Ohio Department of Rehabilitation and...
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Date: May 7, 2025
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings Introduction This memorandum decision arises from the appeal in In re D.B.,...
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...
Ferrari v. Link: Permissibility of Police‐Escort Requirements in Public Buildings Absent Viewpoint Discrimination

Ferrari v. Link: Permissibility of Police‐Escort Requirements in Public Buildings Absent Viewpoint Discrimination

Date: May 6, 2025
Ferrari v. Link: Permissibility of Police‐Escort Requirements in Public Buildings Absent Viewpoint Discrimination Introduction In Patrick M. Ferrari v. Todd Link, the Seventh Circuit addressed...
Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821

Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821

Date: May 6, 2025
Discretionary Denial of § 3582(c)(2) Sentence Reduction for Violent Child-Abuse Offenses After Amendment 821 Introduction United States v. Rose, No. 24-7079 (10th Cir. May 5, 2025), addresses whether...
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms

Date: May 6, 2025
Availability of Administrative Remedies under the PLRA Not Excused by Initial Mishandling of Grievance Forms Introduction This case arises from a pro se lawsuit filed by Gary Porter, an inmate at...
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals

Date: May 6, 2025
Establishing Cat’s Paw Liability for Gender Discrimination and Retaliation in Academic Contract Renewals Introduction In Nonna Y. Sorokina v. The College of New Jersey, a panel of the United States...
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Historical Hallmarks Standard for Establishment Clause in Public School Curriculum

Date: May 6, 2025
Historical Hallmarks Standard for Establishment Clause in Public School Curriculum Introduction Libby Hilsenrath v. School District of the Chathams, decided by the United States Court of Appeals for...
Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c

Date: May 6, 2025
Supportability and Consistency as Cornerstones of Medical Opinion Evaluation under 20 C.F.R. § 416.920c Introduction In Blanford v. Dudek (2d Cir. 2025), the Second Circuit affirmed the denial of...
Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence

Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence

Date: May 6, 2025
Establishing Knowing Possession of Child Pornography Through Cached Thumbnails and Circumstantial Evidence 1. Introduction This commentary examines the Seventh Circuit’s decision in United States v....
Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions

Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions

Date: May 6, 2025
Fonte v. Memorial Hospital: Incorporation of Wyoming’s Governmental Claims Act Notice Requirement into EMTALA Actions Introduction Fonte v. Memorial Hospital of Laramie County is a decision of the...
Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller

Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller

Date: May 6, 2025
Preservation and Waiver of Procedural Reasonableness Challenges in Sentencing Appeals: United States v. Fuller Introduction United States v. Fuller, decided May 5, 2025 by the Tenth Circuit,...
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Date: May 6, 2025
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler Introduction The case of People v. Oyler (S173784) arose from a series of wildland arson fires in the Banning Pass...
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Date: May 6, 2025
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences Introduction In J.F. v. St. Vincent Hospital and Health Care Center, Inc. (Indiana Supreme Court, May...
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Date: May 6, 2025
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk Introduction Stewart v. Ramczyk, decided May 5, 2025 by the Supreme Court of New Mexico, is the first New Mexico...
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