actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

Probation-Violation Sentencing in Rhode Island: Hearing Justice May Weigh Both the Original Felony and the Triggering Misconduct When Executing a Suspended Sentence

Date: May 10, 2026

Probation-Violation Sentencing in Rhode Island: Hearing Justice May Weigh Both the Original Felony and the Triggering Misconduct When Executing a Suspended Sentence I. Introduction In State v....

State v. Miguel Lacourt — No Voluntary Manslaughter Instruction Absent Minimal Evidence that the Decedent Adequately Provoked the Killing (and Where Time to Cool Off Exists)

Date: May 10, 2026

No Voluntary Manslaughter Instruction Absent Minimal Evidence that the Decedent Adequately Provoked the Killing (and Where Time to Cool Off Exists) Case: State v. Miguel Lacourt Court: Supreme Court...

Fraudulent Concealment and Court of Claims Notice After Christie: Tolling vs. “Only-in-this-section” Exceptions

Date: May 10, 2026

Fraudulent Concealment and Court of Claims Notice After Christie: Tolling vs. “Only-in-this-section” Exceptions Introduction Amy McCormick and Robert McCormick v Michigan State University (Mich Sup...

Brown v. James — Drawing a Firearm as an Imminent Threat of Deadly Force Makes the Defendant the “Initial Aggressor,” Defeating a Justification Charge (and a Due Process Habeas Claim)

Date: May 10, 2026

Brown v. James: Drawing a Firearm as an Imminent Threat of Deadly Force Makes the Defendant the “Initial Aggressor,” Defeating a Justification Charge (and a Due Process Habeas Claim) 1. Introduction...

Conditional Use Permit Decisions Are Quasi-Judicial and Not Referable; Ordinance Aligning CUP Authority Is Administrative Under SDCL 7-18A-15.1

Date: May 10, 2026

Conditional Use Permit Decisions Are Quasi-Judicial and Not Referable; Ordinance Aligning CUP Authority Is Administrative Under SDCL 7-18A-15.1 Case: Save Centennial Valley Association v. McGruder,...

Clerical Habitual-Offender Errors May Be Corrected on Appeal Without Remand (Affirmed as Modified)

Date: May 10, 2026

Clerical Habitual-Offender Errors May Be Corrected on Appeal Without Remand (Affirmed as Modified) Introduction In Owen Watson v. State of Arkansas, 2026 Ark. 97, the Arkansas Supreme Court reviewed...

Inmate Challenges to ADC Policy Require a Pleaded Constitutional Liberty Interest (Not Mere Policy Misapplication)

Date: May 10, 2026

Inmate Challenges to ADC Policy Require a Pleaded Constitutional Liberty Interest (Not Mere Policy Misapplication) I. Introduction In Jonathan Walker v. Arkansas Department of Correction, Division of...

State v. Syed: Circumstantial Proof of Shooter Identity and Deliberate Intent in First-Degree Murder

Date: May 10, 2026

State v. Syed: Circumstantial Proof of Shooter Identity and Deliberate Intent in First-Degree Murder Introduction In State v. Syed (N.M. May 7, 2026) (No. S-1-SC-40732), the Supreme Court of New...

State v. Salazar: When Mistake-of-Fact Is Subsumed by Provocation, and Grief Alone Does Not Justify an “Inability to Deliberate” Instruction

Date: May 10, 2026

State v. Salazar: When Mistake-of-Fact Is Subsumed by Provocation, and Grief Alone Does Not Justify an “Inability to Deliberate” Instruction 1. Introduction In State v. Salazar (N.M. May 7, 2026, No....

State v. Eaker: Dual-Credit Presentence Confinement Requires Actual Confinement in the Case Seeking Credit; French Abrogated

Date: May 10, 2026

State v. Eaker: Dual-Credit Presentence Confinement Requires Actual Confinement in the Case Seeking Credit; French Abrogated Introduction In State v. Eaker (N.M. May 7, 2026), the Supreme Court of...

Dismissal After Rule 11 Warning for Pattern of Frivolous Filings (Including Misuse of Rule 37 Sanctions)

Date: May 10, 2026

Dismissal After Rule 11 Warning for Pattern of Frivolous Filings (Including Misuse of Rule 37 Sanctions) Introduction In Rakeem Harris v. City of Bloomington, Illinois (7th Cir. May 7, 2026), a pro...

Charge-by-Charge Prosecutive Merit in Nevada Juvenile Certification; “Attempt” Terrorism Requires an Overt Act Beyond Preparation

Date: May 10, 2026

Charge-by-Charge Prosecutive Merit in Nevada Juvenile Certification; “Attempt” Terrorism Requires an Overt Act Beyond Preparation 1. Introduction In re: J.R. is a Supreme Court of Nevada decision...

Opinion-as-Good-Faith: Nevada Anti-SLAPP Protection for Political Commentary and for Defendants Accused via Third-Party Speech

Date: May 10, 2026

Opinion-as-Good-Faith: Nevada Anti-SLAPP Protection for Political Commentary and for Defendants Accused via Third-Party Speech Case: NDMASCENDANT LLC v. MATZE (Supreme Court of Nevada, May 7, 2026)...

Operative Amended Complaint Controls: Conclusory Civil-Rights Pleading and Prior-Exhibit Reliance Fail in Municipal Code-Enforcement Suits

Date: May 10, 2026

Operative Amended Complaint Controls: Conclusory Civil-Rights Pleading and Prior-Exhibit Reliance Fail in Municipal Code-Enforcement Suits Case: Brian Terry v. Jamila McGee Court: Court of Appeals...

Compliance (Not Completion) of Sex-Offender Registration Satisfies NRS 176.0931(3)(a) for Release from Lifetime Supervision

Date: May 10, 2026

Compliance (Not Completion) of Sex-Offender Registration Satisfies NRS 176.0931(3)(a) for Release from Lifetime Supervision Introduction In DEL TORO (JUAN) v. STATE (CRIMINAL), 142 Nev., Advance...

No Meaningful-Services Error Where the Parent Disengages and Remains Statutorily Ineligible for Placement Under Delaware’s Domestic-Violence Presumption

Date: May 9, 2026

No Meaningful-Services Error Where the Parent Disengages and Remains Statutorily Ineligible for Placement Under Delaware’s Domestic-Violence Presumption Case: Jake Scott v. Department of Services for...

Boulden v. State — No Deberry/Lolly Instruction Without a Duty to Collect Third-Party Doorbell Footage; Motions in Limine Cannot Substitute for Dispositive Motions

Date: May 9, 2026

No Deberry/Lolly Instruction Without a Duty to Collect Third-Party Doorbell Footage; Motions in Limine Cannot Substitute for Dispositive Motions Introduction In Boulden v. State (Del. May 7, 2026),...

Reasonable Self-Defense May Be Considered in Delaware PFA Proceedings

Date: May 9, 2026

Reasonable Self-Defense May Be Considered in Delaware PFA Proceedings Case: Vincent, Bennett v. Eden Michaels Court: Supreme Court of Delaware Date: May 6, 2026 New/clarified principle: Although...

Paden / von Schlegell v. Rayfield (2026): Ballot Titles Must Disclose Removal of Pretrial Confinement Limits and Avoid Misleading “Cannot Be Prosecuted” Framing

Date: May 9, 2026

Ballot Titles Must Disclose Removal of Pretrial Confinement Limits and Avoid Misleading “Cannot Be Prosecuted” Framing in Aid-and-Assist Measures Introduction In Paden / von Schlegell v. Rayfield...

Schwartz v. Washington County: SB 587 Licensing Does Not Preempt Local Flavored-Tobacco Sales Bans Absent Impossibility or Unambiguous Exclusivity

Date: May 9, 2026

SB 587 Licensing Does Not Preempt Local Flavored-Tobacco Sales Bans Absent Impossibility or Unambiguous Exclusivity Case: Schwartz v. Washington County Citation: 375 Or 227 (2026) Court: Supreme...