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guardian-ad-litem&amp Case Commentaries

“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

Date: Jul 7, 2025
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction Citation: Equinor Energy v. North Dakota Industrial...
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Date: Jul 7, 2025
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders Comprehensive Commentary on Fagnon v. Ngaima, 2025 ND 122 (N.D. Sup. Ct.) 1. Introduction The North Dakota...
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief Introduction Gomez v. State, 2025 ND 125, is the...
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Date: Jul 7, 2025
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127) 1. Introduction In Interest of...
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Date: Jul 7, 2025
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120 1. Introduction The North Dakota Supreme Court’s decision in Sanda v....
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Date: Jul 7, 2025
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121 1. Introduction Parties: Kristina M. Toppenberg...
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

Date: Jul 7, 2025
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne 1. Introduction The Supreme Court of New Mexico,...
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Date: Jul 7, 2025
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims Introduction Garcia v. Allstate Fire and Casualty Insurance Company, decided by the Supreme Court of New Mexico on...
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

Date: Jul 7, 2025
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights Introduction The decision in State ex rel. Office of...
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

Date: Jul 7, 2025
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial...
No Warrant Required for Single Historical App-Based Location Data: Analysis of State v. Diaw (2025-Ohio-2323)

No Warrant Required for Single Historical App-Based Location Data: Analysis of State v. Diaw (2025-Ohio-2323)

Date: Jul 7, 2025
No Warrant Required for Single Historical App-Based Location Data: State v. Diaw as a Modern Extension of the Third-Party Doctrine 1. Introduction In State v. Diaw, Slip Opinion No. 2025-Ohio-2323,...
From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct (Office of Lawyer Regulation v. Steffen, 2025 WI 31)

From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct (Office of Lawyer Regulation v. Steffen, 2025 WI 31)

Date: Jul 7, 2025
From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct Office of Lawyer Regulation v. Daniel P. Steffen, 2025 WI 31 1. Introduction...
“One Incident – One Sentence, Many Verdicts”:  State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c)

“One Incident – One Sentence, Many Verdicts”: State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c)

Date: Jul 7, 2025
“One Incident – One Sentence, Many Verdicts”: State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c) I. Introduction State v. Carl Lee McAdory, 2025 WI 30, is the Wisconsin Supreme...
“Link-the-Mail” Doctrine: State ex rel. Mobley v. Grabman (2025) and the Evidentiary Threshold for Statutory Damages under Ohio’s Public-Records Act

“Link-the-Mail” Doctrine: State ex rel. Mobley v. Grabman (2025) and the Evidentiary Threshold for Statutory Damages under Ohio’s Public-Records Act

Date: Jul 7, 2025
“Link-the-Mail” Doctrine: State ex rel. Mobley v. Grabman (2025) and the Evidentiary Threshold for Statutory Damages under Ohio’s Public-Records Act 1. Introduction State ex rel. Mobley v. Grabman,...
Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC

Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC

Date: Jul 7, 2025
Punitive Sanctions, Inherent Powers, and Rule 11: The New Due-Process Divide in Butler v. Motiva Performance Engineering, LLC 1. Introduction Background. The litigation began with Creig Butler’s...
Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage

Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage

Date: Jul 7, 2025
Kileen v. Didio: The New Mexico Supreme Court Mandates a Per-Vehicle Offer of UM/UIM Coverage Introduction Kileen v. Didio, Opinion No. 2 (June 30 2025), marks the latest and most consequential...
State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions

State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions

Date: Jul 7, 2025
State v. Goldman: Clarifying the Permissible Use of “And/Or” in Felony-Murder Jury Instructions Introduction State v. Goldman, No. S-1-SC-40100 (N.M. Sup. Ct. June 30 2025), is a non-precedential...
State v. Moore: Narrowing the Definition of “Serious Firearm Offense” for 30 % Cash Bonds

State v. Moore: Narrowing the Definition of “Serious Firearm Offense” for 30 % Cash Bonds

Date: Jul 6, 2025
State v. Moore: Narrowing the Definition of “Serious Firearm Offense” for 30 % Cash Bonds Introduction Case: State v. Moore, Supreme Court of Connecticut (2025) Core issue: Whether conspiracy to...
State v. Moore: The Element-Focused Definition of “Serious Firearm Offense” in Connecticut Bail Law

State v. Moore: The Element-Focused Definition of “Serious Firearm Offense” in Connecticut Bail Law

Date: Jul 6, 2025
State v. Moore: The Element-Focused Definition of “Serious Firearm Offense” in Connecticut Bail Law 1. Introduction On 8 July 2025 the Supreme Court of Connecticut handed down State v. Moore, a...
“Clay v. State” and the Clarification of Res Judicata’s Reach in Probation-Revocation Appeals

“Clay v. State” and the Clarification of Res Judicata’s Reach in Probation-Revocation Appeals

Date: Jul 6, 2025
“Clay v. State” and the Clarification of Res Judicata’s Reach in Probation-Revocation Appeals Introduction The Wyoming Supreme Court’s decision in Jeremy Gene Clay v. The State of Wyoming, 2025 WY...
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