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  • Commentaries
  • Judgments

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

Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417

Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417

Date: Oct 2, 2025
Ohio Supreme Court Clarifies: A Pending Adoption Petition Does Not Divest Juvenile Courts of Their Continuing Jurisdiction under R.C. 2151.353 and 2151.417 Introduction In State ex rel. T.B. v....
No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10: Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483

No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10: Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483

Date: Oct 2, 2025
No Mandamus to Force Prosecution of Private‑Citizen Affidavits under R.C. 2935.09/.10 In-depth Commentary on State ex rel. Rankin v. State, 2025-Ohio-4483 (Supreme Court of Ohio) Introduction This...
Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier

Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier

Date: Oct 2, 2025
Sham Affidavits, Video Overrides, and Strict Wisconsin Notice-of-Claim: Seventh Circuit’s Nonprecedential Affirmance in Alvarado v. Ithier Introduction In Ramon Alvarado, Jr. v. Julio Ithier and...
Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered Separately

Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered Separately

Date: Oct 2, 2025
Concurrent Misconduct Can Warrant Consecutive Extensions of Disbarment: Louisiana Supreme Court Endorses a “Nature-and-Number” Approach Under Chatelain, With Post-Disbarment Noncooperation Considered...
Upward Variances May Rest on Pretrial-Compliance Failures Revealed After a Bostic Objection: Sixth Circuit Affirms 21% Variance in United States v. Ellington

Upward Variances May Rest on Pretrial-Compliance Failures Revealed After a Bostic Objection: Sixth Circuit Affirms 21% Variance in United States v. Ellington

Date: Oct 2, 2025
Upward Variances May Rest on Pretrial-Compliance Failures Revealed After a Bostic Objection: Sixth Circuit Affirms 21% Variance in United States v. Ellington Introduction This commentary analyzes the...
Reaffirming the Discretionary Nature of §5K1.1 and the High Bar for Withdrawing Guilty Pleas After a Proper Rule 11 Colloquy

Reaffirming the Discretionary Nature of §5K1.1 and the High Bar for Withdrawing Guilty Pleas After a Proper Rule 11 Colloquy

Date: Oct 2, 2025
Reaffirming the Discretionary Nature of §5K1.1 and the High Bar for Withdrawing Guilty Pleas After a Proper Rule 11 Colloquy Introduction In United States v. Latrel Jackson (No. 24-12863), the...
Voluntary Dismissal Is Not Automatically a Bona Fide Termination: Eleventh Circuit Affirms Early Disposition of Florida Malicious Prosecution Claims and Upholds Rule 11 Sanctions Where Affiliate Joined Post‑Filing

Voluntary Dismissal Is Not Automatically a Bona Fide Termination: Eleventh Circuit Affirms Early Disposition of Florida Malicious Prosecution Claims and Upholds Rule 11 Sanctions Where Affiliate Joined Post‑Filing

Date: Oct 2, 2025
Voluntary Dismissal Is Not Automatically a Bona Fide Termination: Eleventh Circuit Affirms Early Disposition of Florida Malicious Prosecution Claims and Upholds Rule 11 Sanctions Where Affiliate...
Bona Fide Termination Requires More Than a Voluntary Dismissal; Naming Non‑Initiators in Malicious Prosecution Can Warrant Rule 11 Sanctions

Bona Fide Termination Requires More Than a Voluntary Dismissal; Naming Non‑Initiators in Malicious Prosecution Can Warrant Rule 11 Sanctions

Date: Oct 2, 2025
Bona Fide Termination Requires More Than a Voluntary Dismissal; Naming Non‑Initiators in Malicious Prosecution Can Warrant Rule 11 Sanctions Court: United States Court of Appeals for the Eleventh...
Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel Remand

Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel Remand

Date: Oct 2, 2025
Borelli v. Bisignano: When Treating Sources Refuse, No Further Duty to Develop; Step-Four Denial May Rest on Ability to Perform the “Previous Specific Job”; Later Favorable Decisions Don’t Compel...
Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts

Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts

Date: Oct 2, 2025
Montana Supreme Court Authorizes Community Justice Workers to Provide Limited Legal Services in Justice and City Courts Introduction In administrative docket AF 11-0765, the Supreme Court of Montana...
Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges

Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges

Date: Oct 2, 2025
Concrete Plans and Overlapping Bans: Tenth Circuit Clarifies Standing for Pre‑Enforcement Second Amendment “Sensitive Places” Challenges Introduction In Springer v. Grisham, Nos. 23‑2192 & 23‑2194...
Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range

Date: Oct 2, 2025
Causation-by-Solicitation Confirmed: Eleventh Circuit Applies §2G2.1 Cross-Reference to a Buyer Who Prompted New Production; Harmless-Error Where Statutory Maximum Caps the Guidelines Range...
Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice

Date: Oct 2, 2025
Pending State Charges and Pretrial Misconduct Can Justify Major Upward Variances in Illegal Reentry Sentences; No Continuance Absent Specific, Non‑Speculative Prejudice Case: United States v. Jorge...
Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption

Date: Oct 1, 2025
Investigating Grand Jury Presentments Create Prima Facie Probable Cause in § 1983 False Arrest and Malicious Prosecution Claims—Omission of Exculpatory Evidence Does Not Rebut the Presumption Case:...
Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion

Date: Oct 1, 2025
Occasion Means More Than Time Stamps: Third Circuit Vacates §4B1.5(b) Pattern Enhancement and Remands to Assess Whether a Prior Assault Was a Separate Occasion Case: United States v. Jeffrey Colin...
Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets

Date: Oct 1, 2025
Hybrid Restitution Under the MVRA: Third Circuit Endorses Flexible Crediting and Rejects Blanket “Sheets” Rule in United States v. Shvets Introduction In United States v. Natalya Shvets, the Third...
Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines

Date: Oct 1, 2025
Explicit Warnings Suffice as “Lesser Sanctions”: Fifth Circuit Affirms Rule 41(b) Dismissal for Repeated Defiance of Deposition Orders in Lee v. Southwest Airlines Introduction This commentary...
No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott

Date: Oct 1, 2025
No Clearly Established Due Process Right in Inmate Craft‑Sale Proceeds: Fifth Circuit Grants Qualified Immunity in Savage v. Westcott Introduction In Savage v. Westcott, the United States Court of...
Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence

Date: Oct 1, 2025
Tenth Circuit Clarifies that Broad Habitability Exclusions Defeat the Duty to Defend Even When Claims Are Pleaded as Negligence Case: Atain Specialty Insurance Company v. Eagle's Pointe, LLC, No....
Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b)

Date: Oct 1, 2025
Time-of-Decision Controls Qualifying-Child Status Under § 1229b(b)(1)(D); Post-Loper Bright, No Agency Deference; BIA’s Waiver Determinations Constrained by 8 C.F.R. § 1003.3(b) Introduction In...
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