treatment-plan-waiver-and-no-duty-to-consider-guardianship-absent-a-petition-in-yinc-term... Case Commentaries

State v. Norris: Reaffirming State-Favorable Sufficiency Review and a Totality-of-Circumstances Constructive Possession Analysis Under Chekanow

Date: Aug 15, 2026

State v. Norris: Reaffirming State-Favorable Sufficiency Review and a Totality-of-Circumstances Constructive Possession Analysis Under Chekanow I. Introduction In State v. Norris (N.C. Aug. 14,...

Face v. Face (N.C. 2026): No Rule 19 Joinder of Revocable Trust in Equitable Distribution When All Settlors Are Parties; Necessary-Party Nonjoinder Is Not Subject-Matter Jurisdiction

Date: Aug 15, 2026

Face v. Face (N.C. 2026): No Rule 19 Joinder of Revocable Trust in Equitable Distribution When All Settlors Are Parties; Necessary-Party Nonjoinder Is Not Subject-Matter Jurisdiction I. Introduction...

Turpin v. Charlotte Latin Schools, Inc. — Commentary

Date: Aug 15, 2026

North Carolina Expressly Adopts the Incorporation-by-Reference Doctrine for Rule 12(b)(6) Motions Case: Turpin v. Charlotte Latin Schools, Inc., Supreme Court of North Carolina (14 Aug. 2026)...

Limiting NRS 293.182 Candidate Challenges to Substantive Office Qualifications (Not Filing-Procedure Defects)

Date: Aug 15, 2026

Limiting NRS 293.182 Candidate Challenges to Substantive Office Qualifications (Not Filing-Procedure Defects) Case: Mercer v. Candelaria (Ballot Issue) (In the Matter of the Challenge to the...

Sneed v. Johnston: Personal Goodwill of a Professional Practice Is Not Marital Property in North Carolina Equitable Distribution

Date: Aug 15, 2026

Personal Goodwill of a Professional Practice Is Not Marital Property for Equitable Distribution (North Carolina) I. Introduction Case: Sneed v. Johnston (Supreme Court of North Carolina, Filed 14...

State v. Moore (N.C. 2026): “Additional Bindings” Beyond Suffocation-Related Restraint Sustain First-Degree Kidnapping

Date: Aug 15, 2026

State v. Moore (N.C. 2026): “Additional Bindings” Beyond Suffocation-Related Restraint Sustain First-Degree Kidnapping 1. Introduction Case: State v. Moore, No. 285A24 (N.C. Aug. 14, 2026). Court:...

School Board “Deliberate Indifference” After a Single Severe Classroom Assault Can Support a Corum Sound-Basic-Education Claim

Date: Aug 15, 2026

School Board “Deliberate Indifference” After a Single Severe Classroom Assault Can Support a Corum Sound-Basic-Education Claim I. Introduction In K.H. v. Dixon (N.C. Aug. 14, 2026), the Supreme Court...

State v. Lingerfelt (N.C. 2026): Successive Sex-Offender Deregistration Petitions Are One Proceeding; Unappealed Tier Ruling Becomes Law of the Case

Date: Aug 15, 2026

Successive Sex-Offender Deregistration Petitions Are One Proceeding; Unappealed SORNA Tier Rulings Become Law of the Case I. Introduction State v. Lingerfelt (Supreme Court of North Carolina, filed...

State v. McGirt: Totality-of-the-Circumstances Proof of a “Clear and Unequivocal” Pro Se Election and Fenner’s “Life-Equivalent” Sentencing-Colloquy Rule

Date: Aug 15, 2026

State v. McGirt: Totality-of-the-Circumstances Proof of a “Clear and Unequivocal” Pro Se Election and Fenner’s “Life-Equivalent” Sentencing-Colloquy Rule Supreme Court of North Carolina (14 Aug....

Third-Party Settlement Offsets Under Utah Code § 34A-2-106 Require Proof of Overlap With Compensable Injury (and ALJs Have Broad Discretion Over Medical-Panel Framing and Reopening Evidence)

Date: Aug 14, 2026

Third-Party Settlement Offsets Under Utah Code § 34A-2-106 Require Proof of Overlap With Compensable Injury (and ALJs Have Broad Discretion Over Medical-Panel Framing and Reopening Evidence) I....

Post-Dismissal Allowance of § 503(b) Fees in Unconfirmed Chapter 13 Cases Under § 1326(a)(2)

Date: Aug 14, 2026

Post-Dismissal Allowance of § 503(b) Fees in Unconfirmed Chapter 13 Cases Under § 1326(a)(2) Case: Gregory Brian Myers v. Undine C. George Court: U.S. Court of Appeals for the Eleventh Circuit...

Unclassified Title, For-Cause Protection: Clear Charter Rights Trigger Pretermination Due Process Absent a “Clear and Unmistakable” Waiver

Date: Aug 14, 2026

Unclassified Title, For-Cause Protection: Clear Charter Rights Trigger Pretermination Due Process Absent a “Clear and Unmistakable” Waiver Case: Michael Washington v. City of Cincinnati Court: U.S....

Sixth Circuit: Tasing a Submissive, Non-Resisting Person Is Excessive Force; Right Clearly Established by July 2020

Date: Aug 14, 2026

Sixth Circuit: Tasing a Submissive, Non-Resisting Person Is Excessive Force; Right Clearly Established by July 2020 1. Introduction In Cornelius Phelps v. City of Saginaw, Michigan (6th Cir. Aug. 13,...

Harboring “Intent to Safeguard” Under 8 U.S.C. § 1324 May Be Inferred from Coercive Isolation and Exploitative Domestic Labor; Cultural Norms Need Not Mitigate Sentence

Date: Aug 14, 2026

Harboring “Intent to Safeguard” Under 8 U.S.C. § 1324 May Be Inferred from Coercive Isolation and Exploitative Domestic Labor; Cultural Norms Need Not Mitigate Sentence I. Introduction United States...

Pre-Enforcement Standing Requires a Credible, Plaintiff-Specific Threat: “Intellectual Diversity” Laws and Interim University Policies

Date: Aug 14, 2026

Pre-Enforcement Standing Requires a Credible, Plaintiff-Specific Threat: “Intellectual Diversity” Laws and Interim University Policies 1. Introduction David McDonald v. Trustees of Indiana University...

Somerville v. State: No Plain Error for Implied Confrontation-Clause Testimony and “Slip-of-the-Tongue” Jury Instructions Cured by the Written Charge

Date: Aug 14, 2026

Somerville v. State: No Plain Error for Implied Confrontation-Clause Testimony and “Slip-of-the-Tongue” Jury Instructions Cured by the Written Charge 1. Introduction In Somerville v. State (Supreme...

Edwards v. State Commentary

Date: Aug 14, 2026

Edwards v. State (Ga. 2026): Ineffective-Assistance Claims Are Barred on Appeal When Not Raised (and Explicitly Disclaimed) at the Motion-for-New-Trial Stage Introduction In Edwards v. State, the...

Rule 403 Admissibility of Social-Media Gun Imagery to Prove Access to Distinctive Weapon Features (Laser/Sight) and Strickland No-Prejudice for Omitted Identification Charges

Date: Aug 14, 2026

Rule 403 Admissibility of Social-Media Gun Imagery to Prove Access to Distinctive Weapon Features (Laser/Sight) and Strickland No-Prejudice for Omitted Identification Charges 1. Introduction In...

Mootness Risk Is Only a Factor in Rule 54(b) Certification; Monell Liability Requires Specific, Similar Patterns and Causation

Date: Aug 14, 2026

Mootness Risk Is Only a Factor in Rule 54(b) Certification; Monell Liability Requires Specific, Similar Patterns and Causation 1. Introduction Aaron Davis v. Tyler W.A. Duncan (6th Cir. Aug. 13,...

Unpaid Domestic Servitude as “Harboring for Private Financial Gain”: Intent to Shield Inferred from Coercive Control, and Credibility Attacks Rarely Defeat Sufficiency

Date: Aug 14, 2026

Unpaid Domestic Servitude as “Harboring for Private Financial Gain”: Intent to Shield Inferred from Coercive Control, and Credibility Attacks Rarely Defeat Sufficiency 1. Introduction United States...