balancing-confrontation-rights-and- Case Commentaries

Mistrial Consent Is Fixed at the Ruling, and an Inability to Reach an Impartial Verdict Independently Permits Retrial

Date: Oct 29, 2026

Mistrial Consent Is Fixed at the Ruling, and an Inability to Reach an Impartial Verdict Independently Permits Retrial Case: ROBBINS v. STATE OF ARIZONA Court: Supreme Court of the State of Arizona...

Allowing a Habeas Corpus Writ Orders a Return, Not Release: Ohio’s October 27, 2026 Case Announcements

Date: Oct 29, 2026

Allowing a Habeas Corpus Writ Orders a Return, Not Release Commentary on: 10/27/2026 Case Announcements, 2026-Ohio-4171 Court: Supreme Court of Ohio Date: October 27, 2026 1. Introduction The Supreme...

Howard v. State: Self-Defense Does Not Automatically Admit a Victim’s Criminal History

Date: Oct 29, 2026

Self-Defense Does Not Automatically Admit a Victim’s Criminal History: Howard v. State Supreme Court of Georgia | No. S26A1087 | October 27, 2026 Opinion by Justice Land. All Justices concurred. 1....

Idaho v. Sempel: Summary Judgment Cannot Bypass Evidence Rulings or Resolve Genuine Boundary Disputes

Date: Oct 29, 2026

Idaho v. Sempel: Summary Judgment Cannot Bypass Evidence Rulings or Resolve Genuine Boundary Disputes Supreme Court of Idaho | October 27, 2026 | Docket No. 52974 The Court reaffirmed the evidentiary...

Racially Biased Judicial Speech and Aggravating Conduct Can Warrant Removal

Date: Oct 29, 2026

Racially Biased Judicial Speech and Aggravating Conduct Can Warrant Removal Case: Matter of Jones (New York State Commn. on Jud. Conduct), 2026 NY Slip Op 06236 Court: New York Court of Appeals...

Mutual Promises to Arbitrate Remain Enforceable Despite Challenges to Collective-Bargaining Agreements’ Consideration

Date: Oct 29, 2026

Mutual Promises to Arbitrate Remain Enforceable Despite Challenges to Collective-Bargaining Agreements’ Consideration Case: O'Malley v. Laborers' Internatl. Union of N. Am., Local 860, Slip Opinion...

Ohio Public-Records Mandamus Requires Rule 4 Pre-Suit Service: Email Is Insufficient, but the Defect Is Not Jurisdictional

Date: Oct 29, 2026

Ohio Public-Records Mandamus Requires Rule 4 Pre-Suit Service: Email Is Insufficient, but the Defect Is Not Jurisdictional Case: State ex rel. Ames v. Andover Village Council, Slip Opinion No....

Civil Protection Order Objections: Mandatory Preservation, Not a Jurisdictional Bar

Date: Oct 29, 2026

Civil Protection Order Objections: Mandatory Preservation, Not a Jurisdictional Bar A.A. v. S.P., Slip Opinion No. 2026-Ohio-4205 Supreme Court of Ohio | October 28, 2026 1. Introduction In A.A. v....

Drayton v. State: Speculative Additional Camera Footage Does Not Require a Missing-Evidence Instruction

Date: Oct 29, 2026

Drayton v. State: Speculative Additional Camera Footage Does Not Require a Missing-Evidence Instruction Court: Supreme Court of Delaware Decided: October 26, 2026 Disposition: Superior Court judgment...

Fletcher v. State: Witness Inconsistencies Alone Do Not Establish Perjury, and Circumstantial Evidence Can Sustain Convictions

Date: Oct 29, 2026

Witness Inconsistencies Alone Do Not Establish Perjury, and Circumstantial Evidence Can Sustain Convictions Case: Fletcher v. State, No. 383, 2025 Court: Supreme Court of Delaware Decided: October...

Unnegotiated Delaware Forum Clauses Can Yield to Oklahoma’s Fundamental Public Policy

Date: Oct 29, 2026

Unnegotiated Delaware Forum Clauses Can Yield to Oklahoma’s Fundamental Public Policy Case: GI DI Rushmore Parent LP v. Donald E. Stoops, Jr. Court: Supreme Court of Delaware Decision: October 26,...

Delaware Intestate Succession: Paternity May Be Established by a Preponderance Despite a Competing Marital Presumption

Date: Oct 29, 2026

Delaware Intestate Succession: Paternity May Be Established by a Preponderance Despite a Competing Marital Presumption Case: Teresa D. Robinson v. Jone Posey Court: Supreme Court of Delaware Decision...

Existing Collision Evidence Can Make Forgoing a Reconstruction Expert Constitutionally Reasonable

Date: Oct 29, 2026

Existing Collision Evidence Can Make Forgoing a Reconstruction Expert Constitutionally Reasonable Case: Anderson v. State, No. S26A1774 Court: Supreme Court of Georgia Decided: October 27, 2026...

Georgia County Parties Have No Independent Statutory Veto over Primary-Ballot Qualification

Date: Oct 29, 2026

Georgia County Parties Have No Independent Statutory Veto over Primary-Ballot Qualification Commentary on: CATOOSA COUNTY REPUBLICAN PARTY v. HENRY (Two Cases) Court: Supreme Court of Georgia...

Collier v. State: Inconsistent Jail Calls May Be Admitted, and Evidence-Based Closing Arguments Do Not Require a Mistrial

Date: Oct 29, 2026

Collier v. State: Inconsistent Jail Calls May Be Admitted, and Evidence-Based Closing Arguments Do Not Require a Mistrial Supreme Court of Georgia | No. S26A0948 | October 27, 2026 1. Introduction In...

Mardell v. State: Testimonial Protective-Order Allegations Used for Non-Truth Purposes Do Not Establish Plain Confrontation Error

Date: Oct 29, 2026

Testimonial Protective-Order Allegations Used for Non-Truth Purposes Do Not Establish Plain Confrontation Error Mardell v. State, No. S26A0674, Supreme Court of Georgia, decided October 27, 2026....

Moreland v. State: Post-Photograph Familiarity Supports Lay Identification, While Unpreserved Evidentiary Claims Face Plain-Error Limits

Date: Oct 29, 2026

Post-Photograph Familiarity Supports Lay Identification: The Evidentiary and Plain-Error Principles of Moreland v. State Court: Supreme Court of Georgia Case: Moreland v. State, No. S26A1135 Decided:...

Reviewing Prejudgment Motions to Open Default: The Unresolved Divide Between Direct and Discretionary Appeals

Date: Oct 29, 2026

Reviewing Prejudgment Motions to Open Default: The Unresolved Divide Between Direct and Discretionary Appeals Case: PIKSEL AMERICAS, INC. et al. v. PIKSEL, INC. Court: Supreme Court of Georgia Date:...

Rucker v. State: Post-Trial Witness Leniency Alone Does Not Establish Knowing Use of False Testimony

Date: Oct 29, 2026

Post-Trial Witness Leniency Alone Does Not Establish Knowing Use of False Testimony Case: Rucker v. State, No. S26A0894 Court: Supreme Court of Georgia Decided: October 27, 2026 Opinion: Justice...

Juvenile Miranda Rights: Supported Custody Findings and Valid Waiver Without Parental Presence

Date: Oct 29, 2026

Juvenile Miranda Rights: Supported Custody Findings and Valid Waiver Without Parental Presence Case: State v. McGriff, No. S26A1568 Court: Supreme Court of Georgia Decided: October 27, 2026 Opinion:...