Disbarment Deemed Excessive for Knowing Misrepresentations in Discipline When Remote Prior Infractions and Strong Mitigation Support a Two-Year Suspension 1. Introduction In the Matter of Hillman...
Miller v. State: Uncharged Shooting Is Not 404(b) “Identity” Evidence or “Intrinsic” Evidence Absent a Signature Modus Operandi; Phone-Link Testimony Must Be Severed from Assault Details Introduction...
Williams v. State: Subjective Mental-Health Evidence Does Not Support Voluntary Manslaughter; No Ineffective Assistance for Omitting an Unsupported Manslaughter Theory Introduction In Williams v....
Dennis v. State: No Merger Between Felony Murder (Conspiracy to Commit Armed Robbery) and Attempted Armed Robbery Under OCGA § 16-1-6(2); Confrontation Clause Plain-Error Requires Likely-Outcome...
Aggravated Assault Forecloses “Unlawful-Act” Involuntary Manslaughter; Withdrawing a “Lawful-Act” Request Waives Plain-Error Review Case: Scott v. State, Supreme Court of Georgia (Decided May 19,...
Waiver of Written Immunity-Order Complaint and Rule 403 Limits on Victim Prior-Bad-Acts Evidence in Justification Litigation Case: Benson v. State (Supreme Court of Georgia, No. S26A0425) Date: May...
Kam v. State: Harmlessness of Assumed Unconstitutional Shackling Where Restraints Are Not Visible and No Trial Prejudice Is Shown 1. Introduction In Kam v. State (Supreme Court of Georgia, May 19,...
Carridine v. State: Firing Appointed Counsel on the Morning of Trial Can Constitute a Knowing Faretta Waiver; Continuance to Seek Private Counsel Requires Reasonable Diligence 1. Introduction In...
Snow v. State: Domestic-Violence Residual Hearsay Admissibility with Short-Notice Rule 807 Disclosure, and Continuance Denials for Lack of Due Diligence 1. Introduction In Snow v. State (Supreme...
Haywood v. State: Batson Step-Two “Facial Validity” Controls (Including Demeanor/Eye-Contact Reasons), and Involuntary-Manslaughter Charge Error Is Moot/Harmless After a Malice-Murder Verdict...
Disbarment for Knowingly False Statements in Disciplinary Matters (Rule 8.1(a))—Heightened Consequences for Repeat Infractions Under Bar Rule 4-103 1. Introduction In the Matter of Clifford E....
Pre-Admission MAT Assessment Establishes an MPLA Patient Relationship—and a Duty of Non‑Negligent Screening—Even When Admission Is Denied 1. Introduction Case: Nicholas A. Ghaphery, D.O. as Personal...
West Virginia’s Two-Term Rule: Triggered by Arrest-and-Jailing, Excluding the Arrest Term, and Requiring Immediate Pre-Indictment Release Introduction In State of West Virginia ex rel. Sonté C....
Equitable Tolling Applies to West Virginia Code § 21A-6-3(1)’s 30-Day Physician-Certification Deadline for Medical Quits (Non-Jurisdictional Deadline) Introduction In Christina Gaddy v. WorkForce...
Strict Elements Control: Misdemeanor “Cruel Mistreatment” Is Not a Lesser Included Offense of Felony “Malicious Killing” Under W. Va. Code § 61-8-19 1. Introduction In State of West Virginia v....
Rule 32(e) Plea-Withdrawal Framework: Totality-of-Circumstances Factors and No “Binding Plea” Bar 1. Introduction In State of West Virginia v. Richard William Page (W. Va. May 18, 2026), the Supreme...
Unaccepted Guilty Pleas Are Freely Withdrawable: Rule 32(e) Applies Only After Judicial Acceptance (Justice Trump, concurring in part and dissenting in part) 1. Introduction In State of West Virginia...
Gender-Neutral “Holding Out” Presumption Establishes Parentage for Unmarried, Nonbiological Parents Under the 1973 UPA 1. Introduction In JK v. HK (Supreme Court of Hawaiʻi, May 18, 2026), the court...
Strict-Compliance Rule Confined to Paragraph 22 Default Notices; Post-Acceleration Language Does Not “Overshadow” a Compliant Notice 1. Introduction In Frank Diaz et al. v. Select Portfolio Servicing...
State v. Castrillo: Exclusive-Care Medical Causation Plus Inculpatory Post-Event Conduct Supports Sufficiency; Predating Social-Media Photo Not “Material” Newly Discovered Evidence 1. Introduction In...