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strict-standards-for-successive-habeas-petitions-reinforced-in-in-re-ivan-abner-cantu Case Commentaries

The Temple Clarification on Cross-Jurisdiction Brady Obligations

The Temple Clarification on Cross-Jurisdiction Brady Obligations

Date: Aug 25, 2025
The Temple Clarification on Cross-Jurisdiction Brady Obligations Introduction In G. Temple v. State, 2025 MT 185, the Supreme Court of Montana addressed whether a state prosecutor’s constitutional...
Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies

Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies

Date: Aug 25, 2025
Boeshans v. Boeshans: Conditioning Parenting Rights on Court-Ordered Evaluations and Clarifying Ownership of Professional Limited Liability Companies Introduction The Supreme Court of Montana, in In...
Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc.

Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc.

Date: Aug 25, 2025
Silence Isn’t Golden: Waiver of the Right to Compel Arbitration When Setting-Aside a Default — Commentary on Monarch Heating & Cooling, LLC v. Petra, Inc. I. Introduction The Supreme Court of...
State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing

State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing

Date: Aug 25, 2025
State v. Barrus: Distinguishing “Knowing” from “Appreciating” Criminality in Post-Conviction Mental-Health Sentencing 1. Introduction State v. L. Barrus (2025 MT 183) required the Supreme Court of...
State v. Walton ‑ Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical

State v. Walton ‑ Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical

Date: Aug 25, 2025
State v. Walton (2025 MT 186): Prosecutorial Limits on Parole-Restriction Recommendations When Plea Agreements Are Asymmetrical Introduction In State v. M. Walton the Supreme Court of Montana...
“Written-Consent Rule” for Reinstated Bail:  Commonwealth v. Rondon (Pa. 2025)

“Written-Consent Rule” for Reinstated Bail: Commonwealth v. Rondon (Pa. 2025)

Date: Aug 25, 2025
“Written-Consent Rule” for Reinstated Bail Commonwealth v. Rondon, 294 A.3d ___ (Pa. 2025) 1. Introduction Supreme Court of Pennsylvania (Middle District) — Decided 19 Aug 2025 Majority: McCaffery,...
Commonwealth v. Walker (2025): Re-defining the Limits of Voir Dire Questions on Legal Principles in Pennsylvania

Commonwealth v. Walker (2025): Re-defining the Limits of Voir Dire Questions on Legal Principles in Pennsylvania

Date: Aug 25, 2025
Commonwealth v. Walker (Pa. 2025): Re-defining the Limits of Voir Dire Questions on Legal Principles Introduction In Commonwealth v. Walker, the Supreme Court of Pennsylvania—Western...
“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy

“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy

Date: Aug 25, 2025
“No Unity Destroyed, No Severance Achieved” – The Pennsylvania Supreme Court Rejects Self-Conveyance as a Means of Terminating Joint Tenancy 1. Introduction Grant v. Grant (Pa. 2025) tackles a...
Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law

Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law

Date: Aug 25, 2025
Defining Agency Records in the Social-Media Age: The “Penncrest Factors” under Pennsylvania’s Right-to-Know Law 1. Introduction Penncrest School District v. Cagle is the Pennsylvania Supreme Court’s...
Distinct Constitutional Treatment of Insanity Acquittees Confirmed: Commentary on State v. Foster (Conn. 2025)

Distinct Constitutional Treatment of Insanity Acquittees Confirmed: Commentary on State v. Foster (Conn. 2025)

Date: Aug 25, 2025
“A Special Class that Should Be Treated Differently”: The Connecticut Supreme Court Re-aligns Equal-Protection Doctrine for Insanity Acquittees – State v. Foster, 353 Conn. 1 (2025) 1. Introduction...
Clarifying “Imminent Dangerousness”: State v. Foster Sets a Strict Evidentiary Compass for the Continued Commitment of Insanity Acquittees

Clarifying “Imminent Dangerousness”: State v. Foster Sets a Strict Evidentiary Compass for the Continued Commitment of Insanity Acquittees

Date: Aug 25, 2025
Clarifying “Imminent Dangerousness”: State v. Foster Sets a Strict Evidentiary Compass for the Continued Commitment of Insanity Acquittees 1. Introduction State v. Foster, --- Conn. --- (Aug. 19,...
Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild (Conn. 2025)

Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild (Conn. 2025)

Date: Aug 25, 2025
Vacatur of Moot Commitment Orders for Insanity Acquittees: State v. Guild, 353 Conn. ____ (2025) Introduction State v. Guild confronts the Connecticut Supreme Court with an increasingly common...
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back

Date: Aug 25, 2025
Rivera v. New Castle County Police Department: Third Circuit Reinforces “Defendant-Knowledge” Test for Rule 15(c) Relation Back Introduction In Michael Rivera v. New Castle County Police Department...

        Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an
        Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range

Date: Aug 25, 2025
Third-Circuit Clarifies that Significant Prison Disciplinary History Can Justify an Upward Variance at Post-Taylor Resentencing Despite a Lower Amended Guideline Range Introduction United States v....
“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

“Safety-Related Small Talk” Doctrine: A Detailed Commentary on United States v. Raphael Ross (3d Cir. 2025)

Date: Aug 25, 2025
United States v. Raphael Ross: Third Circuit Endorses a “Safety-Related Small Talk” Exception to Rodriguez I. Introduction United States v. Raphael Ross, No. 23-1631 (3d Cir. Aug. 19, 2025) marks the...
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings

Date: Aug 25, 2025
“Reining-In the NLRB” – Fifth Circuit Invalidates Dual For-Cause Removal Protections and Affirms District Courts’ Power to Enjoin Agency Proceedings 1. Introduction In Space Exploration Technologies...
“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

“Here-and-Now” Harm and Dual-Layer Removal: A Comprehensive Commentary on Energy Transfer, L.P. v. NLRB (5th Cir. 2025)

Date: Aug 25, 2025
“Here-and-Now” Harm and Dual-Layer Removal: The Fifth Circuit Re-Shapes Pre-Enforcement Review in Energy Transfer, L.P. v. NLRB Introduction Energy Transfer, L.P. v. National Labor Relations Board is...
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata

Date: Aug 25, 2025
Garces v. Hernandez: The Fifth Circuit’s Express Admonition on AI-Generated Citations and the Unyielding Reach of Res Judicata 1. Introduction Garces v. Hernandez (No. 25-50342, 5th Cir. Aug. 19,...
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims – A Commentary on Jenkins v. Tahmahkera

Date: Aug 25, 2025
No-Name, No-Toll: Fifth Circuit Clarifies Accrual and Equitable Tolling for § 1983 Claims Introduction In Jenkins v. Tahmahkera, No. 24-10724 (5th Cir. Aug. 19, 2025), the United States Court of...
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf

Date: Aug 25, 2025
Lexon v. Chevron: Fifth Circuit Limits Surety Subrogation & Contribution on the Outer Continental Shelf 1. Introduction In Lexon Insurance Co. v. Chevron U.S.A. Inc., No. 24-20347 (5th Cir. Aug. 19,...
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