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standards-for-& Case Commentaries

Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking

Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking

Date: Jun 25, 2025
Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking 1. Introduction In Wisconsin Manufacturers and Commerce, Inc. v....
Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error

Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error

Date: Jun 25, 2025
Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error Introduction State v. Donald Edward...
“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (2025 MT 131)

“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (2025 MT 131)

Date: Jun 25, 2025
“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (Supreme Court of Montana, 2025 MT 131) Introduction In In re the Grandparent–Grandchild Visitation of A.L.U., 2025 MT 131,...
Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2

Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2

Date: Jun 25, 2025
Laches Bars Collateral Attacks on Foreign Divorces Under RSA 459:1; Rescission of Real Property Deeds Governed by RSA 508:2 Introduction In Wagner v. Chislett, 2025 N.H. 28, the Supreme Court of New...
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

Date: Jun 24, 2025
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects Introduction Jones v. State, No. 108, 2025...
No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment (People v. Bialas, 2025 CO 45)

No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment (People v. Bialas, 2025 CO 45)

Date: Jun 24, 2025
No Virtual-Only Public Trials: Colorado Supreme Court Requires Physical Courtroom Access to Satisfy the Sixth Amendment Case: The People of the State of Colorado v. Michelle Re Nae Bialas, 570 P.3d...
No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution” Order

No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution” Order

Date: Jun 24, 2025
No Order, No Restitution: Colorado Supreme Court Holds That Complete Deferral of Restitution at Sentencing Creates an Illegal Sentence and Requires Vacatur and a Subsection (1)(d) “No Restitution”...
“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b)

“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b)

Date: Jun 24, 2025
“For the purpose of” is not a culpable mental state: Colorado Supreme Court holds “knowingly” is the mens rea for soliciting for child prostitution under § 18-7-402(1)(a)-(b) Introduction In Randolph...
“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District

“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District

Date: Jun 24, 2025
“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District 1. Introduction Case: Sanchez v. City of Boise,...
Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Date: Jun 24, 2025
No Private Right of Action for Erroneous BMV Records: Chris A. Kelly v. Indiana Bureau of Motor Vehicles (Ind. 2025) Introduction In Chris A. Kelly v. Indiana Bureau of Motor Vehicles, the Supreme...
Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period

Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period

Date: Jun 24, 2025
Restitution’s Ninety-One-Day Deadline Is Directory and Waivable: Implied Waiver Occurs When a Defendant Requests a Hearing Beyond the Statutory Period Introduction In Babcock v. People, 2025 CO 26,...
Accepting a Post–91-Day Restitution Hearing Date Waives the Statutory Deadline: Commentary on People v. Roberson, 2025 CO 30

Accepting a Post–91-Day Restitution Hearing Date Waives the Statutory Deadline: Commentary on People v. Roberson, 2025 CO 30

Date: Jun 24, 2025
Accepting a Post–91-Day Restitution Hearing Date Waives the Statutory Deadline: Commentary on People v. Roberson, 2025 CO 30 Introduction In People v. Roberson, 2025 CO 30, 569 P.3d 811, the Colorado...
Physical Access, Not Livestreams: Colorado Supreme Court Affirms that Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right (People v. Bialas)

Physical Access, Not Livestreams: Colorado Supreme Court Affirms that Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right (People v. Bialas)

Date: Jun 24, 2025
Physical Access, Not Livestreams: Colorado Supreme Court Affirms that Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right Commentary on People v. Bialas, 2025 CO 45 (Colo. 2025)...
Mens Rea Applies to Every Element of Colorado Securities Fraud: Advice-of-Counsel Evidence Is Admissible to Negate Willfulness

Mens Rea Applies to Every Element of Colorado Securities Fraud: Advice-of-Counsel Evidence Is Admissible to Negate Willfulness

Date: Jun 24, 2025
Mens Rea Applies to Every Element of Colorado Securities Fraud: Advice-of-Counsel Evidence Is Admissible to Negate Willfulness Introduction In People v. Schnorenberg, 2025 CO 43, 570 P.3d 1036 (Colo....
“Knowingly,” Not “Intentionally”: Colorado Supreme Court Clarifies Mens Rea for Soliciting for Child Prostitution under § 18-7-402(1)(a)–(b)

“Knowingly,” Not “Intentionally”: Colorado Supreme Court Clarifies Mens Rea for Soliciting for Child Prostitution under § 18-7-402(1)(a)–(b)

Date: Jun 24, 2025
“Knowingly,” Not “Intentionally”: Colorado Supreme Court Clarifies Mens Rea for Soliciting for Child Prostitution under § 18-7-402(1)(a)–(b) Introduction In Randolph v. People, 2025 CO 44, 570 P.3d...
Re-Drawing the Boundaries of Equitable Relief: DHS v. D.V.D. and the Supreme Court’s Expanded Deference to Executive Removal Authority

Re-Drawing the Boundaries of Equitable Relief: DHS v. D.V.D. and the Supreme Court’s Expanded Deference to Executive Removal Authority

Date: Jun 24, 2025
Re-Drawing the Boundaries of Equitable Relief: Department of Homeland Security v. D.V.D. (606 U.S. ___, 2025) Introduction On 23 June 2025 the U.S. Supreme Court, acting on an emergency application,...
Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R.

Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R.

Date: Jun 24, 2025
Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R. (R.I. 2025) Introduction On 23 June...
Restitution Deadlines Are Directory and Waivable: Johnson v. People Extends Non‑Jurisdictional Reading to § 18‑1.3‑603(2)(a) and Confirms Waiver by Plea and Conduct

Restitution Deadlines Are Directory and Waivable: Johnson v. People Extends Non‑Jurisdictional Reading to § 18‑1.3‑603(2)(a) and Confirms Waiver by Plea and Conduct

Date: Jun 24, 2025
Restitution Deadlines Are Directory and Waivable: Johnson v. People Extends Non‑Jurisdictional Reading to § 18‑1.3‑603(2)(a) and Confirms Waiver by Plea and Conduct Introduction In Johnson v. People,...
Tennyson v. People: Timeliness Challenges to Restitution Amounts Set Under § 18-1.3-603(1)(b) Are “Illegal Manner” Claims Subject to Crim. P. 35(b)’s Deadline

Tennyson v. People: Timeliness Challenges to Restitution Amounts Set Under § 18-1.3-603(1)(b) Are “Illegal Manner” Claims Subject to Crim. P. 35(b)’s Deadline

Date: Jun 24, 2025
Tennyson v. People: Timeliness Challenges to Restitution Amounts Set Under § 18-1.3-603(1)(b) Are “Illegal Manner” Claims Subject to Crim. P. 35(b)’s Deadline Introduction In 2025 CO 31 (569 P.3d...
People v. Ray: Colorado Declines to Extend Miller to Emerging Adults and Clarifies Post‑Rojas Treatment of Res Gestae and Related Evidence

People v. Ray: Colorado Declines to Extend Miller to Emerging Adults and Clarifies Post‑Rojas Treatment of Res Gestae and Related Evidence

Date: Jun 24, 2025
People v. Ray: Colorado Declines to Extend Miller to Emerging Adults and Clarifies Post‑Rojas Treatment of Res Gestae and Related Evidence Citation: People v. Ray, 2025 CO 42, No. 10SA157 (Colo. June...
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