balancing-confrontation-rights-and- Case Commentaries

Alcohol Use Does Not Bar Kentucky Workers’ Compensation Under KRS 342.610(4)

Date: Sep 26, 2026

Alcohol Use Does Not Bar Kentucky Workers’ Compensation Under KRS 342.610(4), and a Safety Reduction Requires Proof of Hazardous Conduct Case: Safe Zone v. Donnell Perry Court: Supreme Court of...

A Police Officer’s Plain Reading of a Cellebrite Report Is Lay Testimony and Requires No Digital-Forensics Expert Qualification

Date: Sep 26, 2026

A Police Officer’s Plain Reading of a Cellebrite Report Is Lay Testimony and Requires No Digital-Forensics Expert Qualification Case: Sylvanus Joseph McBride v. Commonwealth of Kentucky Court:...

Compliance Does Not Moot a Stay Request When Effective Relief Remains Available, but Speculative Harm Cannot Justify a Stay

Date: Sep 26, 2026

Compliance Does Not Moot a Stay Request When Effective Relief Remains Available, but Speculative Harm Cannot Justify a Stay Case: Commonwealth of Kentucky Ex Rel. Attorney General Russell Coleman v....

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense

Date: Sep 26, 2026

Acquittal-First Jury Instructions Are Plain Error and Warrant Retrial When They Obstruct a Supported Heat-of-Passion Defense Case: State of Minnesota v. Michael Lee LaFlex Court: Supreme Court of...

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension

Date: Sep 26, 2026

Ignoring Discovery Orders, Misleading a Client and Tribunal, and Defaulting in Bar Discipline Warrants a 181-Day Suspension Case: In Re: Jay Michael Dade Court: Supreme Court of Kentucky Date:...

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions

Date: Sep 26, 2026

Kidnapping Sufficiency Is Measured Against Statutory Intent Alternatives, Not Narrower Jury Instructions Case: Tristan Mitchell v. Commonwealth of Kentucky Court: Supreme Court of Kentucky Date:...

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction

Date: Sep 26, 2026

Post-Judgment Finality and Satisfaction Do Not Divest a Kentucky Circuit Court of Subject-Matter Jurisdiction Case: Shawn Huffman v. JHPDE Finance I, LLC Court: Supreme Court of Kentucky Date:...

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class

Date: Sep 26, 2026

Government Negligence Per Se Requires a Mandatory Statutory Duty Protecting a Particular Class Case: Infanger v. State of Idaho, Idaho Department of Transportation Court: Supreme Court of Idaho |...

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights

Date: Sep 26, 2026

Local Ballot Access May Be Preserved Pending Appeal When Exclusion Would Irremediably Deny Initiative Rights Case: 406 People First v. County of Butte-Silver Bow Court: Supreme Court of Montana Date:...

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings

Date: Sep 26, 2026

Clear-Error Review Requires the BIA to Confront, Not Rewrite, an Immigration Judge’s CAT Findings Case: Jose Lorenzo Lemus Palma v. Attorney General United States of America Court: United States...

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy

Date: Sep 26, 2026

A Broad Litigation-Specific Indemnity Covers Post-Closing Patent Losses—and Willful Infringement Does Not Defeat It Absent Clear Public Policy Case: Claude Gendreau v. Movora LLC Court: Supreme Court...

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result

Date: Sep 26, 2026

Undisclosed Defendant Statements Do Not Require a Mistrial Absent a Reasonable Probability of a Different Result Case: Tyler Austin Jordan v. Commonwealth of Kentucky Court: Supreme Court of Kentucky...

Carter v. State: Identity May Be Proved by DNA and Corroborating Circumstantial Evidence

Date: Sep 26, 2026

Identity May Be Proved by DNA and Corroborating Circumstantial Evidence Without Proof of When the DNA Was Deposited Case: Carter v. State Court: Supreme Court of Delaware Decision Date: September 23,...

Youthful-Offender Probation Detention: Family Rules Foreclose the Ordinary Immediate Bail-Appeal Route

Date: Sep 26, 2026

Youthful-Offender Probation Detention: Family Rules Foreclose the Ordinary Immediate Bail-Appeal Route Case: In Re R.G., Juvenile Court: Supreme Court of Vermont Decision date: September 25, 2026...

Vermont: Bargained-For Telework Discretion Permits Statewide Hybrid-Work Rules Without Renewed Bargaining

Date: Sep 26, 2026

Bargained-For Telework Discretion Permits Statewide Hybrid-Work Rules Without Renewed Bargaining Case: Vermont State Employees' Association v. State of Vermont Court: Supreme Court of Vermont Date:...

United States v. Gary Howard: Self-Incrimination Prevails Over Compulsory Process, and Inevitable Discovery Extends to Cell-Phone Evidence

Date: Sep 26, 2026

Self-Incrimination Prevails Over Compulsory Process, and Inevitable Discovery Extends to Cell-Phone Evidence Case: United States v. Gary Howard Court: United States Court of Appeals for the Seventh...

Texas Courts Must Deny Comity to Foreign Divorce Judgments Entered Without Fundamentally Adequate Notice

Date: Sep 26, 2026

Texas Courts Must Deny Comity to Foreign Divorce Judgments Entered Without Fundamentally Adequate Notice Case: HIRA AZHAR v. MOHAMMAD ALI CHOUDHRI Court: Supreme Court of Texas Docket: No. 24-0939...

Alternative-Perpetrator Defenses Do Not Relax Evidentiary Rules, and Undisclosed Expert Opinions Require Prejudice for Reversal

Date: Sep 25, 2026

Alternative-Perpetrator Defenses Do Not Relax Evidentiary Rules, and Undisclosed Expert Opinions Require Prejudice for Reversal Case: State of Minnesota v. Lee Wayne Young, Jr. Court: Supreme Court...

State v. J. Hubber: Bondsman Arrest Authority Does Not Independently Privilege Entry into a Third Party’s Home

Date: Sep 25, 2026

Bondsman Arrest Authority Does Not Independently Privilege Entry into a Third Party’s Home, and Mens Rea Instructional Error Requires Proven Prejudice Case: State v. J. Hubber, 2026 MT 229 Court:...

Mandamus Cannot Compel Advisory Clarification of an Injunction to Influence a Governor’s Death-Warrant Decision

Date: Sep 25, 2026

Mandamus Cannot Compel Advisory Clarification of an Injunction to Influence a Governor’s Death-Warrant Decision Case: Commonwealth of Kentucky v. Hon. Phillip J. Shepherd Court: Supreme Court of...