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

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch

Date: Sep 24, 2025
Foreseeability of Co‑Conspirator Death Threats and Broad Electronic‑Device Search Conditions: The Second Circuit’s Summary Affirmance in United States v. Deloatch Note: This decision is a Second...
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen

Date: Sep 24, 2025
“Sensitive Places” in the Modern City: Times Square and Public Transit Upheld; Open-Carry Bans and City-Specific Permits Presumptively Constitutional after Bruen Introduction In Frey v. City of New...
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity

Date: Sep 24, 2025
Entwinement Doesn’t Reach Party Identity: Eleventh Circuit Affirms District Courts May Resolve Disputed LLC Membership on a Rule 12(b)(1) Factual Attack to Determine Diversity Introduction In...
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes

Date: Sep 24, 2025
No Third-Party Dissemination and Self-Imposed Decisions Do Not Create Article III Standing in FCRA Disputes Introduction In Lashonda Peeples v. National Data Research, Inc. (d.b.a. Integrascan), No....
"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

Date: Sep 24, 2025
"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap Introduction In Modzelewski's Towing &...
State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

Date: Sep 24, 2025
State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense Introduction In...
Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Date: Sep 24, 2025
Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson Introduction In State v. Henderson...
Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Charging Official Cannot Preside: NH Supreme Court Requires Recusal of Fish & Game Executive Director and Confirms Certiorari Review for Volunteer Instructor Revocations

Date: Sep 20, 2025
Charging Official Cannot Preside: Recusal Required for Agency Head Who Signed Revocation; Certiorari Is the Proper Review Path Introduction In Petition of Dean, 2025 N.H 44, the New Hampshire Supreme...
Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: Commentary on State v. Rodriguez, 2025 N.H. 43

Date: Sep 20, 2025
Independent Source Doctrine Purges Taint of Unlawful Cell-Phone Seizure: State v. Rodriguez, 2025 N.H. 43 Introduction In State v. Rodriguez, 2025 N.H. 43, the Supreme Court of New Hampshire affirmed...
Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)

Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)

Date: Sep 20, 2025
Fixing the Real Party in Interest at Filing and Limiting Rule 41(b) Dismissals: Vermont Supreme Court Clarifies Rule 17(a)/Rule 25(c) Framework in Ditech Financial LLC v. Brisson (2025 VT 54)...
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation

Date: Sep 17, 2025
New Hampshire Narrows Crime-Fraud Exception to Intended Fraud and Confirms Common-Interest Privilege Requires Pending Litigation Introduction In Atl. Anesthesia, P.A. v. Lehrer, 2025 N.H. 42, the...
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value — Commentary on State v. Dixon (Conn. 2025)

Date: Sep 17, 2025
No “Neighborhood Expert” Workaround: Connecticut Treats Euphemistic Gang Testimony as Inadmissible Absent Foundation and Significant Probative Value Case: State v. Dixon, Supreme Court of...
Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025)

Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025)

Date: Sep 17, 2025
Neighborhood “Beef” Evidence Equals Gang-Affiliation Evidence: Admissibility, Scope-Limiting, and Harmless Error in Expert Testimony (State v. Dixon, Conn. 2025) Introduction In State v. Dixon, the...
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law

Date: Sep 16, 2025
De Novo Review for Rule 59(J) “Clearly Erroneous” Motions and Limits on Using Video/Intoxication to Prove Contributory Negligence as a Matter of Law Introduction In Indianapolis Public Transportation...
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall

Date: Sep 13, 2025
Lake v. State: Late-Disclosed Impeachment Evidence During Trial Is Not Brady “Suppression,” and Child-Witness Competency Turns on Mental Ability, Not Detailed Recall Introduction In Justin Scott Lake...
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs

Date: Sep 13, 2025
First Circuit Clarifies INA Parole Authority: “Case‑by‑Case” Limits Grants, Not Termination; DHS May Categorically End and Revoke Parole Programs Introduction Doe v. Noem addresses the scope of the...
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: Third Circuit’s Precedential Clarification in Lauria v. Lieb

Date: Sep 13, 2025
Unsworn Statements Cannot Create Fact Disputes, But May Prompt Rule 56(e) Cure Orders: The Third Circuit’s Precedential Clarification in Lauria v. Lieb Introduction In a precedential opinion, the...
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision

Date: Sep 13, 2025
United States v. Mosley: Post-Esteras boundaries on revocation sentencing—no § 3553(a)(2)(A) retribution, “ballpark” deference, and unified justification for prison and supervision Introduction In...
Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I

Date: Sep 13, 2025
Time-of-Service Knowledge, Not Post-Event Intoxication, Governs Overservice Liability Under RSA 179:5, I Introduction In Appeal of Tower Hill Tavern, LLC, 2025 N.H. 41, the New Hampshire Supreme...
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025)

Date: Sep 13, 2025
Lascivious Exhibition Instructions May Include Defendant’s Intent; Sentence Affirmed via Assumed-Error Harmlessness — United States v. Tatum (4th Cir. 2025) Note: This is an unpublished Fourth...
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