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

Revocation Sentencing After Esteras: “Consequences” and “Accountability” Are Permissible When Tied to Deterrence, Rehabilitation, and Breach of Trust—not Retribution for the Underlying Offense

Date: Jul 17, 2026

Revocation Sentencing After Esteras: “Consequences” and “Accountability” Are Permissible When Tied to Deterrence, Rehabilitation, and Breach of Trust—not Retribution for the Underlying Offense 1....

Illinois Tax-Sale Purchasers Hold “Tax Claims” Under § 511(a): 18% Interest Applies via 35 ILCS 200/21-15 in Chapter 13

Date: Jul 17, 2026

Illinois Tax-Sale Purchasers Hold “Tax Claims” Under § 511(a): 18% Interest Applies via 35 ILCS 200/21-15 in Chapter 13 Case: Bernardo Romero v. Corona Investments, LLC (In re: Bernardo Romero), No....

Pickering Permits Termination of First Responders for Public, Racist Social-Media Speech that Undermines Community Trust—Even Assuming Public Concern

Date: Jul 17, 2026

Pickering Permits Termination of First Responders for Public, Racist Social-Media Speech that Undermines Community Trust—Even Assuming Public Concern Case: Sam Inendino v. Annette Nance-Holt, et al....

Implicit Consideration of Mitigation Arguments Suffices to Avoid Procedural Error—Especially for Significantly Below-Guidelines Sentences

Date: Jul 17, 2026

Implicit Consideration of Mitigation Arguments Suffices to Avoid Procedural Error—Especially for Significantly Below-Guidelines Sentences 1. Introduction United States v. Corrie Singleton (7th Cir....

Federal-Officer Removal in Climate-Deception Suits Requires a Non-Attenuated Nexus to Federally Directed Conduct

Date: Jul 17, 2026

Federal-Officer Removal in Climate-Deception Suits Requires a Non-Attenuated Nexus to Federally Directed Conduct Case: City of Chicago v. BP P.L.C. (7th Cir. July 15, 2026) Court: United States Court...

SBA Authority to Impose a Corporate-Group Cap on PPP Guarantees and Forgiveness Under Emergency Rulemaking

Date: Jul 17, 2026

SBA Authority to Impose a Corporate-Group Cap on PPP Guarantees and Forgiveness Under Emergency Rulemaking 1. Introduction Parkshore Estates Nursing and Rehab Center v. United States Small Business...

Eleventh Circuit: No Mandatory Four-Factor Appraisal Test for “Highest and Best Use” in Conservation Easement Valuations

Date: Jul 17, 2026

Eleventh Circuit: No Mandatory Four-Factor Appraisal Test for “Highest and Best Use” in Conservation Easement Valuations 1. Introduction In Savannah Shoals, LLC v. Commissioner of Internal Revenue...

Montana Due Process Rule: Failure to Hold a Timely § 41-3-432 Show Cause Hearing and Expiration of EPS Authority Requires Dismissal

Date: Jul 17, 2026

Montana Due Process Rule: Failure to Hold a Timely § 41-3-432 Show Cause Hearing and Expiration of EPS Authority Requires Dismissal 1. Introduction In S.M. v. 2nd Judicial Dist.Court (Mont. Sup. Ct....

State v. Amador-Hernandez (375 Or 418 (2026)) Commentary

Date: Jul 17, 2026

“Withholding” Under ORS 163.205 Requires Ability to Provide; “Necessary and Adequate” Food Means Enough to Prevent Severe, Chronic Malnutrition Case: State v. Amador-Hernandez, 375 Or 418 (Or 2026)...

Reyos v. State (2026 UT 18) Commentary

Date: Jul 17, 2026

Reyos v. State (2026 UT 18): Appellate “Engagement” Requirement and Preservation Bar in Untimely PCRA Appeal-Reinstatement Efforts 1. Introduction In Reyos v. State, the Utah Supreme Court addressed...

Private Bail Recovery Agents Are Not State Actors for § 1983 Absent State Compulsion or Joint Law-Enforcement Participation (11th Cir.)

Date: Jul 17, 2026

Private Bail Recovery Agents Are Not State Actors for § 1983 Absent State Compulsion or Joint Law-Enforcement Participation (11th Cir.) 1. Introduction In Lillie Middlebrooks v. Bond, James Bond,...

People v. Wilson (3d Dept 2026): Fleeing a Crashed, Unoccupied Vehicle Constitutes Abandonment Defeating Fourth Amendment Standing; Conditional Pro Se Requests Are Not “Unequivocal”

Date: Jul 17, 2026

People v. Wilson (3d Dept 2026): Fleeing a Crashed, Unoccupied Vehicle Constitutes Abandonment Defeating Fourth Amendment Standing; Conditional Pro Se Requests Are Not “Unequivocal” 1. Introduction...

Benowski v. Track Dr., LLC — Clear Final Release Bars Contractor’s Retainage Claim; Bald Forgery Allegations and Unilateral Mistake Do Not Create Triable Issues

Date: Jul 17, 2026

Clear Final Release Bars Contractor’s Retainage Claim; Bald Forgery Allegations and Unilateral Mistake Do Not Create Triable Issues Introduction In Benowski v Track Dr., LLC (2026 NY Slip Op 04466...

Brady Materiality of Suppressed Police Civil Litigation and CCRB Histories When a Confession Case Turns on Detective Credibility

Date: Jul 17, 2026

Brady Materiality of Suppressed Police Civil Litigation and CCRB Histories When a Confession Case Turns on Detective Credibility Case: People v White, 2026 NY Slip Op 04475 (App Div, 1st Dept July...

People v. Buchanan: Distinct Second-Degree Weapon Possession Counts May Support Consecutive Sentences, Yet Appellate Courts May Reduce to Concurrent in the Interest of Justice

Date: Jul 17, 2026

People v. Buchanan: Distinct Second-Degree Weapon Possession Counts May Support Consecutive Sentences, Yet Appellate Courts May Reduce to Concurrent in the Interest of Justice Case: People v....

People v. Mosley: CPL 440.30(1-a) Permits Renewed DNA Testing When Materially Advanced Methods Could Yield Materially Different Results

Date: Jul 17, 2026

People v. Mosley: CPL 440.30(1-a) Permits Renewed DNA Testing When Materially Advanced Methods Could Yield Materially Different Results 1. Introduction People v Mosley (2026 NY Slip Op 04454 [3d Dept...

People v. Williams: Limited Molineux “Background” Evidence to Explain Police Pursuit; Omitted Gomberg Inquiry Reversible Only Upon Actual, Operative Conflict

Date: Jul 17, 2026

People v. Williams: Limited Molineux “Background” Evidence to Explain Police Pursuit; Omitted Gomberg Inquiry Reversible Only Upon Actual, Operative Conflict 1. Introduction In People v Williams...

Attempted First-Degree Arson: Bringing and Lighting a Molotov on a Wooden Porch, with Nearby Burn Marks and Gasoline Spill, Meets the “Dangerously Near” Standard

Date: Jul 17, 2026

Attempted First-Degree Arson: Bringing and Lighting a Molotov on a Wooden Porch, with Nearby Burn Marks and Gasoline Spill, Meets the “Dangerously Near” Standard 1. Introduction In People v. Fajardo...

Misnaming the Contractually Required Additional Insured Is a Material Breach; Conditional Indemnification May Be Granted Despite Potential Indemnitee Negligence

Date: Jul 17, 2026

Misnaming the Contractually Required Additional Insured Is a Material Breach; Conditional Indemnification May Be Granted Despite Potential Indemnitee Negligence 1. Introduction Newland v County Waste...

Police “Business Records” and the Unidentified Declarant: Foundation Required Under CPLR 4518 for Hearsay Statements in Investigation Reports

Date: Jul 17, 2026

Police “Business Records” and the Unidentified Declarant: Foundation Required Under CPLR 4518 for Hearsay Statements in Investigation Reports 1. Introduction People v Mawhiney (2026 NY Slip Op 04460...