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

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith)

Date: Oct 1, 2025

After Rahimi, McCane Still Rules: Tenth Circuit Reaffirms § 922(g)(1) Against Nonviolent-Felon As-Applied Challenges (United States v. Forbis & Smith) Court: U.S. Court of Appeals for the Tenth...

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th Cir. 2025)

Date: Oct 1, 2025

Outrageous-Conduct Claims, Brady Duties on Confidential Informants, and No Confrontation Right to Compel Informant Testimony Absent Testimonial Statements — United States v. Marcus D. Flintroy (11th...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Toll Tax Court Appeal Deadlines; Actual Receipt of a Deficiency Notice Suffices Without Certified‑Mail Proof Case: Joseph Belcik...

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically Complex Care

Date: Oct 1, 2025

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically...

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence Reduction

Date: Oct 1, 2025

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence...

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions — Commentary on Stollman v. Williams (2d Cir. 2025)

Date: Oct 1, 2025

Unusual Deference to Mandated Reporters Reaffirmed; Consent-Based Home Body Checks Upheld; Qualified Immunity Shields § 1983 “Malicious Prosecution” Theories Based on Article 10 Petitions Commentary...

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice

Date: Oct 1, 2025

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice Note: The Montana Supreme Court designated...

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel (Guerrero-Andachz v. Bondi)

Date: Oct 1, 2025

Abandonment Is Fatal: Second Circuit Reaffirms “One Central Reason” Nexus for Withholding and CAT Acquiescence Requirement; Refers Counsel to Grievance Panel Introduction In Guerrero-Andachz v....

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025)

Date: Oct 1, 2025

Second Circuit Reinforces Specificity in Software Trade Secrets and Limits NDAs to Information Actually Treated as Confidential — Capricorn Mgmt. Sys., Inc. v. GEICO & CCC (2d Cir. 2025) Court: U.S....

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone

Date: Oct 1, 2025

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone Introduction In Apecella v....

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

Date: Oct 1, 2025

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni

Date: Oct 1, 2025

Beyond Dollars: Eleventh Circuit Endorses Upward Variances for Cyberfraud Based on Non‑Economic Harms and Extraterritorial Conduct — United States v. Ayeni Introduction In United States v. Babatunde...

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified Mailing

Date: Oct 1, 2025

Eleventh Circuit Reaffirms: Successive Reconsideration Motions Do Not Extend the 90-Day Appeal Period from Tax Court Decisions; Actual Receipt of a Deficiency Notice Obviates Proof of Certified...

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder

Date: Oct 1, 2025

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder Court: Supreme...

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...

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