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  • Commentaries
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reinforcing-the-implied-covenant-of-good-faith-in-commercial-development-contracts:-anthony& Case Commentaries

Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims

Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims

Date: Jun 11, 2025
Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims Introduction In Lewis v. State...
“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing

“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing

Date: Jun 11, 2025
“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing 1. Introduction The consolidated appeals Republican...
Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code

Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code

Date: Jun 11, 2025
Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code 1. Introduction Scott v. State, __ Ga. __ (June 10, 2025), is a Supreme Court of...
From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025)

From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025)

Date: Jun 11, 2025
From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025) 1. Introduction State v. Embert...
State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter
Comprehensive Findings of Fact in Probable-Cause Suppression Rulings

State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter Comprehensive Findings of Fact in Probable-Cause Suppression Rulings

Date: Jun 11, 2025
State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter Comprehensive Findings of Fact in Probable-Cause Suppression Rulings 1. Introduction State v. Mickel, S25A0255,...
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

Date: Jun 11, 2025
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony Introduction State v. Wood, No. S-1-SC-40305 (N.M. June 9, 2025), is a non-precedential opinion of...
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks

Date: Jun 11, 2025
“You Cannot Hide Behind Your Own Alias” – United States v. Marte and the Limits of §1326(d) Collateral Attacks I. Introduction United States v. Jose Miguel Marte, No. 24-1540 (3d Cir. June 9, 2025)...
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana Forced-Pooling Law

Date: Jun 11, 2025
Dow Construction v. BPX Operating: The Fifth Circuit Redefines “Unleased Interests,” Expands Forfeiture to Post-Production Costs, and Imposes a One-Year Prescriptive Period Under Louisiana...
The Expanded Reach of Rule 60(b)(3) in Delaware:  “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

Date: Jun 11, 2025
The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation 1. Introduction In Erste Asset Management GMBH v. Hees, the...
The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63)

The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63)

Date: Jun 11, 2025
The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63) 1. Introduction In...
“Reaffirming Armstrong”: Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause

“Reaffirming Armstrong”: Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause

Date: Jun 11, 2025
“Reaffirming Armstrong” Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause 1. Introduction On 9 June 2025 the Supreme Court...
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

Date: Jun 11, 2025
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy 1. Introduction Court: Supreme Court of Appeals of West...
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: Commentary on State of West Virginia v. Gavin Blaine Smith

Date: Jun 11, 2025
Parole-Eligibility Instructions & the Limits of the Invited-Error Doctrine: A Comprehensive Commentary on State of West Virginia v. Gavin Blaine Smith 1. Introduction In State of West Virginia v....
“A Supervisor Switch May Be Reasonable” –  The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (2025)

Date: Jun 11, 2025
“A Supervisor Switch May Be Reasonable” – The New Hawaiʻi Precedent from Gima v. City & County of Honolulu (Haw. 2025) 1. Introduction In June 2025 the Hawaiʻi Supreme Court issued a landmark opinion...
“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP

“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP

Date: Jun 11, 2025
“Speculation Is Not Jurisdiction” – The Second Circuit’s Dual Clarifications on Personal-Jurisdiction Pleading and Harmless Error Review in El Omari v. Dechert LLP 1. Introduction On 9 June 2025 the...
“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” – A Commentary on Horn v. Adger (2d Cir. 2025)

“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” – A Commentary on Horn v. Adger (2d Cir. 2025)

Date: Jun 11, 2025
“Drawing the Line Between Fact and Law in Qualified-Immunity Appeals” A Comprehensive Commentary on Horn v. Adger, 24-1034(L) (2d Cir. 2025) 1. Introduction Parties and posture. In Horn v. Adger, two...
Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings

Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings

Date: Jun 11, 2025
Clarifying the Weight of Direct Contradictions: Paguay-Acosta v. Bondi and the Second Circuit’s Refinement of Credibility Analysis in Asylum Proceedings 1. Introduction In Paguay-Acosta v. Bondi, the...
Commentary: Strict Application of Lozada & Prejudice Standards in Ineffective-Assistance Motions – A Review of Salazar-Asencio v. Bondi

Commentary: Strict Application of Lozada & Prejudice Standards in Ineffective-Assistance Motions – A Review of Salazar-Asencio v. Bondi

Date: Jun 11, 2025
Strict Application of Lozada & the “Reasonable Probability” Prejudice Test in Ineffective-Assistance Motions: Salazar-Asencio v. Bondi Introduction Salazar-Asencio v. Bondi (2d Cir. No. 24-1230, June...
Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation

Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation

Date: Jun 11, 2025
Singh v. Bondi: Re-affirming the “Unable-or-Unwilling” Threshold and Issue-Exhaustion in Asylum & CAT Litigation Introduction Bhupinder Singh, an Indian national and follower of a Sikh splinter...
Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A-

Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A-

Date: Jun 11, 2025
Ventura-Duarte v. Bondi: Second Circuit Clarifies the “One-Central-Reason” Nexus in Gang-Related Asylum Claims after Matter of L-E-A- 1. Introduction Ventura-Duarte v. Bondi is a 2025 summary order...
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