accrual-of-breach-of-warranty-claims-under-ucc-§42a-2-725:-tender-of-delivery-defined-by-physical-delivery Case Commentaries

When the State Agrees an Atkins Claim Merits Review: Dissenting Call to Vacate Summary Dismissals of Subsequent Habeas Applications

Date: Jun 24, 2026

When the State Agrees an Atkins Claim Merits Review: Dissenting Call to Vacate Summary Dismissals of Subsequent Habeas Applications Case: Saldaño v. Texas (No. 25-5749) Court: Supreme Court of the...

Vineyard v. Bridges: Reaffirming COA Gatekeeping—Layered AEDPA Deference, Noncapital Lesser-Included Nonreviewability, and Oklahoma Rule 5.2(A) Procedural Default

Date: Jun 24, 2026

Vineyard v. Bridges: Reaffirming COA Gatekeeping—Layered AEDPA Deference, Noncapital Lesser-Included Nonreviewability, and Oklahoma Rule 5.2(A) Procedural Default 1. Introduction Case: Vineyard v....

Facially Sufficient Venue Allegations Bar Pretrial Dismissal of a Money-Laundering Conspiracy Charge; Venue, Single-Conspiracy, and Intent May Be Proven Through Co-Conspirator Acts, Rule 404(b) Convictions, and Deliberate-Ignorance Evidence

Date: Jun 24, 2026

Facially Sufficient Venue Allegations Bar Pretrial Dismissal of a Money-Laundering Conspiracy Charge; Venue, Single-Conspiracy, and Intent May Be Proven Through Co-Conspirator Acts, Rule 404(b)...

People v. Gerle (2026 CO 53): Prior Sexual BDSM Texts Are Irrelevant to Consent/Intent in Non-Sexual Assault and False Imprisonment Absent Similarity and a Case-Specific Nexus

Date: Jun 24, 2026

People v. Gerle (2026 CO 53): Prior Sexual BDSM Texts Are Irrelevant to Consent/Intent in Non-Sexual Assault and False Imprisonment Absent Similarity and a Case-Specific Nexus Court: Colorado Supreme...

Colorado Economic Loss Rule: Stand-Alone Sequential Contracts Do Not Create an “Interrelated Network”; Fraudulent Inducement Remains an Independent Tort

Date: Jun 24, 2026

Colorado Economic Loss Rule: Stand-Alone Sequential Contracts Do Not Create an “Interrelated Network”; Fraudulent Inducement Remains an Independent Tort 1. Introduction Veolia Water Technologies,...

Colorado Trial Courts May Order Prehearing Discovery in Immediate-Possession Condemnation Proceedings Under C.R.C.P. 26 and 16

Date: Jun 24, 2026

Colorado Trial Courts May Order Prehearing Discovery in Immediate-Possession Condemnation Proceedings Under C.R.C.P. 26 and 16 Decision: Arrowhead Colo. Metro. Dist. v. Roxborough Park Found., 2026...

Public Records Mandamus Cannot Be Used to Litigate Open-Meetings Compliance; No Duty to Create Nonexistent “Rules”

Date: Jun 24, 2026

Public Records Mandamus Cannot Be Used to Litigate Open-Meetings Compliance; No Duty to Create Nonexistent “Rules” 1. Introduction In State ex rel. Ames v. Regional Income Tax Agency Bd. of Trustees,...

Wisconsin Rejects In Rem and Immovable-Property Exceptions to Tribal Sovereign Immunity; Unilateral Deed Covenants Cannot Waive Immunity

Date: Jun 24, 2026

Wisconsin Rejects In Rem and Immovable-Property Exceptions to Tribal Sovereign Immunity; Unilateral Deed Covenants Cannot Waive Immunity Case: Legend Lake Property Owners Association, Inc. v. Guy...

Colorado Expands Frow: Vacating Default Judgments Inconsistent with Merits Verdicts and Allowing Defaulting Defendants to Testify in Codefendant Trials

Date: Jun 24, 2026

Colorado Expands Frow: Vacating Default Judgments Inconsistent with Merits Verdicts and Allowing Defaulting Defendants to Testify in Codefendant Trials I. Introduction In J.B. v. MKBS, LLC, 2026 CO...

Prehearing Discovery Is Discretionary in Colorado Condemnation (Immediate Possession) Proceedings Under C.R.C.P. 26 and 16

Date: Jun 24, 2026

Prehearing Discovery Is Discretionary in Colorado Condemnation (Immediate Possession) Proceedings Under C.R.C.P. 26 and 16 I. Introduction In re: Arrowhead v. Roxborough Park Foundation, 2026 CO 54...

People v. Carle (Gerle): Prior Consensual BDSM Evidence Is Irrelevant to Consent/Intent in Non-Sexual Assault Prosecutions Absent a Concrete Nexus

Date: Jun 24, 2026

Prior Consensual BDSM Evidence Is Irrelevant to Consent/Intent in Non-Sexual Assault Prosecutions Absent a Concrete Nexus Introduction In People v. Carle, 2026 CO 53, the Colorado Supreme Court...

Implied Presumption for In-State Placement and Separate “Good Cause” Findings Under § 46b-129 (j) (4)

Date: Jun 24, 2026

Implied Presumption for In-State Placement and Separate “Good Cause” Findings Under § 46b-129 (j) (4) Case: In re Dynastie D. (SC 21157) (Conn. June 17, 2026, officially released) Court: Supreme...

State v. Raeon A.: No Golding Review and No Plain Error for Daniel W. E. Delayed-Reporting Instruction Given Under Then-Governing Law

Date: Jun 24, 2026

State v. Raeon A.: No Golding Review and No Plain Error for Daniel W. E. Delayed-Reporting Instruction Given Under Then-Governing Law 1. Introduction In State v. Raeon A. (Conn. Sup. Ct., officially...

People v. Brazeal / People v. Lora: Individualized “Box 28” Search Conditions and Preservation of As-Applied Challenges to Probation Terms

Date: Jun 24, 2026

People v. Brazeal / People v. Lora: Individualized “Box 28” Search Conditions and Preservation of As-Applied Challenges to Probation Terms 1. Introduction In People v Brazeal and People v Lora, the...

Volokh v. James: Compliance with New York’s Hateful Conduct Law Requires Only a Content-Neutral Reporting Channel and Policy Broad Enough to Cover “Hateful Conduct,” Without Mandatory Responses or Explicit Statutory Labeling

Date: Jun 24, 2026

Volokh v. James: Compliance with New York’s Hateful Conduct Law Requires Only a Content-Neutral Reporting Channel and Policy Broad Enough to Cover “Hateful Conduct,” Without Mandatory Responses or...

Commercial Tenant’s Summary-Judgment Burden on Sidewalk Defects: No Duty/No Control Shifts Burden Absent Nonspeculative Evidence of Creation or Special-Use Causation

Date: Jun 24, 2026

Commercial Tenant’s Summary-Judgment Burden on Sidewalk Defects: No Duty/No Control Shifts Burden Absent Nonspeculative Evidence of Creation or Special-Use Causation 1. Introduction Fuentes v...

Leaving-the-Scene (Death/SBI) Remains Strict Liability; Prior Habitual-Criminal Scheme Upheld with Harmless-Error Review

Date: Jun 24, 2026

Leaving-the-Scene (Death/SBI) Remains Strict Liability; Prior Habitual-Criminal Scheme Upheld with Harmless-Error Review I. Introduction In Brown, Jason v. People, 2026 CO 51 (June 23, 2026), the...

Execution of a Crim. P. 41.1 Order Begins When a Reasonable Person Would Not Feel Free to Leave

Date: Jun 24, 2026

Execution of a Crim. P. 41.1 Order Begins When a Reasonable Person Would Not Feel Free to Leave Introduction In People v. Castro-Velasquez, Angel, 2026 CO 49 (June 23, 2026), the Colorado Supreme...

Timely Prosecutorial Motions to Reconsider Toll the 49-Day Appeal Deadline Under C.A.R. 4(b)(6)(A)

Date: Jun 24, 2026

Timely Prosecutorial Motions to Reconsider Toll the 49-Day Appeal Deadline Under C.A.R. 4(b)(6)(A) Introduction Case: People v. Jebe, 2026 CO 48 (Colo. June 23, 2026) Parties: The People of the State...

Curative Opportunity Defeats Plain-Error Due Process Claims in Wyoming Child-Protection Adjudications

Date: Jun 24, 2026

Curative Opportunity Defeats Plain-Error Due Process Claims in Wyoming Child-Protection Adjudications 1. Introduction In In the Interest Of: AC and BI, Minor Children, AI v. The State of Wyoming,...