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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

Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum

Date: Apr 25, 2025
Refusal to Pay Extortion Demands by Criminal Gangs Does Not Establish Nexus to a Protected Ground for Asylum Introduction Quichimbo-Caracundo v. Bondi is a summary order issued on April 24, 2025, by...
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi

Date: Apr 25, 2025
Clarification of Nexus and Corroboration Standards in Asylum Proceedings: Mahmud v. Bondi Introduction The Second Circuit’s summary order in Mahmud v. Bondi (23-6043, April 24, 2025) addresses...
Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement

Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement

Date: Apr 25, 2025
Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement Introduction This commentary examines the Supreme Court of Kentucky’s April 24, 2025 decision in Bradley...
Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements – United States v. Camon

Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements – United States v. Camon

Date: Apr 25, 2025
Limiting Government’s Introduction of Uncharged Conduct Contrary to Loss‐Amount Stipulations in Plea Agreements Introduction The Eleventh Circuit’s decision in United States v. Isaac Camon (No....
Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct

Date: Apr 25, 2025
Enforcement of Loss Stipulations in Plea Agreements: Prohibition on Government’s Post-Plea Introduction of Uncharged Conduct Introduction The Eleventh Circuit’s decision in United States v. Isaac...
Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea

Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea

Date: Apr 25, 2025
Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea Introduction Michael S. Montgomery v. Commonwealth of Kentucky (2025) is a Supreme Court of Kentucky decision...
Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Date: Apr 25, 2025
Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law Introduction The case of Dillon Brewster v. Commonwealth of Kentucky (2025-SC-0281-MR)...
Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health

Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health

Date: Apr 25, 2025
Physician Retaliation under EMTALA: Objective Reasonableness and Scope Clarified in Partin v. Baptist Health Introduction In William R. Partin v. Baptist Healthcare System, Inc., the Seventh Circuit...
Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA

Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA

Date: Apr 25, 2025
Leon Carter v. Tegels: Constitutional Boundaries of Anders Review and Remmer Presumptions under AEDPA Introduction Leon Carter v. Tegels is a 2025 decision of the United States Court of Appeals for...
Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability

Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability

Date: Apr 25, 2025
Clarifying “Permitted by Subsection (f)(1)(B)”: Disregarding Post-2014 Contribution Rate Increases in Multiemployer Pension Plan Withdrawal Liability Introduction This commentary examines the United...
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations

Date: Apr 25, 2025
Recorded Jail Calls as Admissible Evidence of Consciousness of Guilt and Inculpatory Declarations Introduction This commentary examines the Tenth Circuit’s decision in United States v. Taylor, No....
Haynie v. Arkansas: Specificity in Directed-Verdict Motions and Photographic Motive Evidence

Haynie v. Arkansas: Specificity in Directed-Verdict Motions and Photographic Motive Evidence

Date: Apr 25, 2025
Haynie v. State of Arkansas (2025 Ark. 46): Specificity in Directed-Verdict Motions and Photographic Motive Evidence Introduction The Supreme Court of Arkansas’s decision in Elizabeth Haynie v. State...
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Date: Apr 25, 2025
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132 Introduction This commentary examines the Supreme Court of Florida’s April 3, 2025, opinion in...
Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard

Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard

Date: Apr 25, 2025
Electronic Right-to-Sue Notice and the 90-Day Filing Period under Title VII and the ADA: The García-Gesualdo Standard Introduction In García-Gesualdo v. Honeywell Aerospace of P.R., Inc., 23-1921...
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Date: Apr 25, 2025
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87) Introduction Zittleman v. Bibler is a 2025 decision by the Supreme Court of North Dakota addressing two...
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Date: Apr 25, 2025
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10) Introduction In State v. Richins, 2025 UT 10, the Utah Supreme Court resolved two interlocutory...
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

Date: Apr 25, 2025
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility Introduction In In re Nomination Petition of Huff; Appeal of Huff, 2025 PA 24 (Pa. 2025), the...
Causation in Medical Negligence: Admission vs. Observation Clarified

Causation in Medical Negligence: Admission vs. Observation Clarified

Date: Apr 25, 2025
Causation in Medical Negligence: Admission vs. Observation Clarified Introduction This commentary examines the Supreme Court of Mississippi’s decision in United Emergency Services of Mississippi,...
Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss”

Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss”

Date: Apr 25, 2025
Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss” Introduction Erie Insurance Exchange v. Megan Johnson, decided April 24, 2025 by the Supreme Court of Kentucky, clarifies the...
Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Date: Apr 25, 2025
Constitutional Limits on Venue Restrictions for State Constitutional Challenges Introduction In Piasa Armory, LLC v. Raoul (2025 IL 130539), the Illinois Supreme Court addressed the constitutionality...
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