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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

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

Date: Apr 25, 2025
People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims Introduction The Supreme Court of...
Partial Remission Standards in Bond Forfeiture: Gustke v. State of Wyoming

Partial Remission Standards in Bond Forfeiture: Gustke v. State of Wyoming

Date: Apr 25, 2025
Partial Remission Standards in Bond Forfeiture: In the Matter of the Bond Forfeiture of Karl Grant Gustke Introduction This commentary examines the Wyoming Supreme Court’s decision in John Gustke v....
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Date: Apr 25, 2025
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton Introduction In In Re: Steven O. Thornton (2025-SC-0069-KB), the Supreme Court of Kentucky...
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Date: Apr 25, 2025
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests Introduction The Supreme Court of North Dakota’s decision in Skobodzinski v. NDDOT, 2025 ND 84, addresses...
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Date: Apr 25, 2025
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt Introduction The Supreme Court of North Dakota’s decision in Matter of Emelia Hirsch Trust, 2025 ND 79, confronts the tension...
Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009

Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009

Date: Apr 25, 2025
Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009 Introduction People v. Antonelli, decided April 24, 2025 by the Supreme Court of California,...
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Credibility and Substantial Evidence Standards in LHWCA Disability Determinations

Date: Apr 25, 2025
Credibility and Substantial Evidence Standards in LHWCA Disability Determinations Introduction This commentary examines the Third Circuit’s decision in Global Terminal & Container Services, Inc. v....
Sole and Absolute Discretion in Governmental Rate-Setting: Virgin Valley Water District v. Paradise Canyon

Sole and Absolute Discretion in Governmental Rate-Setting: Virgin Valley Water District v. Paradise Canyon

Date: Apr 25, 2025
Sole and Absolute Discretion in Governmental Rate-Setting: Virgin Valley Water District v. Paradise Canyon Introduction Virgin Valley Water District v. Paradise Canyon, LLC, 141 Nev. Adv. Op. 19...
Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility

Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility

Date: Apr 25, 2025
Totality-of-Circumstances Domicile Rule and Inapplicability of Election Code §704(d) for Judicial Candidate Eligibility 1. Introduction This commentary examines the Supreme Court of Pennsylvania’s...
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

Date: Apr 25, 2025
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims Introduction In Matter of Ocasio (City Sch. Dist. of the City of N.Y.—Commissioner of...
Guarding Against “Placement-by-Prosecution”:  Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Date: Apr 25, 2025
Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings Introduction The Third Department’s 2025...
Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Date: Apr 25, 2025
Authenticity vs. Authority: DiCenzo v. Mone (2025) Narrows the Forged-Deed Exception to the Fraud Statute of Limitations and Sets Parameters for Subpoenaing Non-Party Tax Returns 1. Introduction...
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence

Date: Apr 25, 2025
Isolated Threats and Prior Safe Relocation: Limits on Asylum Claims from Private-Actor Violence Introduction This commentary examines the Second Circuit’s summary order in Ixcoy Sica v. Bondi,...
Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49)

Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49)

Date: Apr 25, 2025
Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49) Introduction In Hemmer v. City of Casper Police Department, 2025 WY 49, the...
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Date: Apr 25, 2025
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification Introduction In People v. Guy, 2025 IL 129967, the Illinois Supreme Court addressed a fundamental...
Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law

Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law

Date: Apr 25, 2025
Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law Introduction The Supreme Court of Mississippi’s decision in Damaris Quinn a/k/a Demaris Quinn...
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Date: Apr 25, 2025
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error Introduction The Supreme Court of Kentucky’s decision in Justin Wischer v. Commonwealth of Kentucky establishes a...
Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

Date: Apr 25, 2025
Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions Introduction In In Re: Michael Joseph Beattie, the Supreme Court of Kentucky considered...
Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents

Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents

Date: Apr 25, 2025
Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents Introduction Alyssa Baum v. Justin Aldava presented before the Supreme Court of...
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products

Date: Apr 25, 2025
Abuse Liability as an Independently Sufficient Basis for FDA Marketing Denial of ENDS Products Introduction This commentary examines the Eleventh Circuit’s April 24, 2025 decision in Bidi Vapor LLC...
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