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“Reaffirming the Futility Doctrine” – In re D.F. and the Requirement of Credible Parental Acknowledgment Before Granting Improvement Periods in West Virginia Abuse & Neglect Cases 1. Introduction In...
“Stay in Your Lane”: The Supreme Court of Appeals of West Virginia Confirms that a Limited Remand Precludes Post-Remand Withdrawal of a Guilty Plea (Commentary on State of West Virginia v....
“From Missing Pages to Missing Prejudice” – The Specific-Prejudice Rule for Transcript Omission Claims in State of West Virginia v. Edward Jeffers (2025) 1. Introduction The Supreme Court of Appeals...
EES Pre‑Placement Due Process Clarified; Trial Courts Must Apply the 2024 “Activity Logs” Standard to “Potentially Exculpatory” Determinations Introduction In John Doe v. Town of Lisbon & a., No....
Election of Remedies Under the 9/11 VCF Bars State-Law Medical Malpractice Suits: Brennan v. MacDonald Establishes Broad Waiver Triggered by Claim Submission Introduction In Brennan v. MacDonald...
People v. Patierno: No Per Se Right to COVID-Related Adjournment or Mistrial; Social-Media Prompt Outcry and Doorway Recordings as Adoptive Admissions Introduction People v. Patierno (2025 NY Slip Op...
Presence Is Neither Necessary Nor Sufficient: Minnesota Clarifies the Hawkins Threshold for Alternative‑Perpetrator Evidence and Affirms Voluntariness of Hospital Interviews Introduction In State of...
Harmless Error for Unannounced Criminal History Scores and Reaffirmation of the Multiple‑Victim Exception in Consecutive Sentencing — Sanders v. State (Minn. 2025) Introduction In Milton K. Sanders...
Jed Spectrum v. Stoakes: South Dakota Adopts a Subjective “Actual Malice” Standard for Slander of Title and Limits SDCL 44‑9‑22 to Liens “In Fact” Satisfied Court: Supreme Court of South Dakota |...
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...
State’s Right to Appeal Jail-Credit Awards After Probation Revocation Arises by Necessary Implication from Rule 27.04 Case: State of Minnesota v. Jason Turner Johnson, 23 N.W.3d 70 (Minn. July 2,...
State v. Geist: Silent Witness Authentication Extends to Body-Worn Camera Footage, Including Pre‑Buffer Clips, Without Testimony from the Recording Officer Court: Supreme Court of South Dakota...
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...
Weaponizing Social Media as a “Course of Conduct” Under New Hampshire’s Stalking Statute: No Direct Threat Requirement in D.V. v. R.G. Introduction In D.V. v. R.G. (N.H. July 2, 2025), the Supreme...
Policies Issued After June 11, 2019 Must Step Up to $250,000/$500,000 Bodily Injury Minimums After July 1, 2020: The Michigan Supreme Court’s Textual Re-Reading of MCL 500.3009 in Bonter v....
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...
One-Time Selective Timber Harvest Is Not “Commercial Activity” Under Residential Restrictive Covenants in New Hampshire Case: Kathryn Wolf v. Patrick Brown (No. 2024-0068) Court: Supreme Court of New...