state Case Commentaries

Confrontation Beyond “Similar Motive”: Michigan Supreme Court flags distinct constitutional and evidentiary inquiries and questions diligence when cooperators go missing

Date: Oct 9, 2025

Confrontation Beyond “Similar Motive”: The Michigan Supreme Court flags distinct constitutional and evidentiary inquiries and questions diligence when cooperators go missing Introduction In People of...

Oros and Chambers Remain Controlling—But the Court Signals Reassessment of Premeditation and Police “Effect-on-Listener” Testimony in People v. Turner

Date: Oct 9, 2025

Oros and Chambers Remain Controlling—But the Court Signals Reassessment of Premeditation and Police “Effect-on-Listener” Testimony in People v. Turner Case: People of Michigan v. Keith Devon Turner,...

OV 13 Means “Felonious Activity,” Not “Felony Convictions”: Denial of Leave in People v. Carey and the Unresolved Scope of Kaczmarek for Post‑Revocation Guidelines Challenges

Date: Oct 9, 2025

OV 13 Means “Felonious Activity,” Not “Felony Convictions”: Denial of Leave in People v. Carey and the Unresolved Scope of Kaczmarek for Post‑Revocation Guidelines Challenges Introduction In People...

Retaliatory Eviction at the End of “Hybrid” Leases: Michigan Supreme Court Signals Reconsideration of the Fixed‑Term Exception and Remands for Full Review

Date: Oct 9, 2025

Retaliatory Eviction at the End of “Hybrid” Leases: Michigan Supreme Court Signals Reconsideration of the Fixed‑Term Exception and Remands for Full Review Introduction In Prudential Properties v....

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences

Date: Oct 9, 2025

State v. Price: Nebraska adopts abuse-of-discretion review for expanded news media coverage objections; clarifies Miranda waiver/invocation and reaffirms no jail‑time credit against life sentences...

Invited Error Waives Instructional Objections; Single-Count Third-Degree Sexual Abuse Requires No Act-Specific Jury Instruction

Date: Oct 9, 2025

Invited Error Waives Instructional Objections; Single-Count Third-Degree Sexual Abuse Requires No Act-Specific Jury Instruction Introduction This commentary examines the Supreme Court of Wyoming’s...

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement

Date: Oct 9, 2025

Consent Decree Dissolution Does Not Terminate Divestment Contracts: Alaska Supreme Court Clarifies Contract Survival and Permissive Intervention in ARTA Enforcement Court: Supreme Court of the State...

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T.

Date: Oct 9, 2025

Disfavoring Token-Efforts-Only Terminations in Private Petitions and Rejecting Admissions by Silence: Nevada Supreme Court’s Guidance in In re Parental Rights as to S.A.T. Introduction In In the...

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great Bodily Harm

Date: Oct 9, 2025

State v. Chavez: Reaffirming that Pre‑arming, a Prolonged Multi‑Stab Attack, and Post‑Crime Evasion Support Deliberate Intent; Self‑Defense Instruction Requires Subjective Fear of Death or Great...

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith

Date: Oct 9, 2025

Visiting-Judge Assignment Irregularities Render Judgments Voidable, Not Void: Ohio Supreme Court Reaffirms Limits of Habeas in Lowe v. Smith Case: Lowe v. Smith, Warden, Slip Opinion No....

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications

Date: Oct 9, 2025

Commutation Is Not a New Judgment: Ohio Supreme Court Confirms Governor’s Power to Substitute LWOP for Death Without Ex Post Facto Implications Case: State ex rel. Hawkins v. Frederick, Slip Opinion...

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies

Date: Oct 9, 2025

Pleading Matters in Election Mandamus: Generic “Any Other Relief” Is Insufficient to Compel an R.C. 3503.24(B) Hearing or Alternative Remedies Introduction In State ex rel. Hicks v. Adams County...

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders

Date: Oct 9, 2025

No Prohibition for Procedural Missteps Under R.C. 2981.03: Subject-Matter Jurisdiction vs. Exercise of Jurisdiction in Post-Sentence Property-Return Orders Introduction This commentary analyzes the...

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley

Date: Oct 9, 2025

Accident-Triggered Cervical Myelopathy and Level-Specific Stenosis Progression Can Create Triable Causation Despite Extensive Comorbidities: Moore v. Maley Introduction In Moore v. Maley, 2025 NY...

Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists

Date: Oct 9, 2025

Patient-Specific Risks Fall Outside Utah’s Learned Intermediary Rule for Pharmacists Introduction In Jensen v. Walgreen Co., 2025 UT 41 (Utah Oct. 2, 2025), the Utah Supreme Court clarified the scope...

Redistribution, Not Reversion: Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds in O'Brien v. Sagbolt LLC

Date: Oct 9, 2025

Redistribution, Not Reversion: The Third Department Clarifies Unclaimed Class Settlement Funds and the Role of Qualified Settlement Funds Introduction In O'Brien v. Sagbolt LLC, 2025 NY Slip Op 05280...

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole: Howerton v. McCastlain, 2025 Ark. 144

Date: Oct 9, 2025

Arkansas Supreme Court Upholds “Detriment to the Community” as a Valid Parole Denial Basis and Reemphasizes No Liberty Interest in Parole Commentary on Howerton v. McCastlain, Chairman, Arkansas...

Coston v. State: Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request

Date: Oct 9, 2025

Pretrial Addition of Same-Offense Counts Permissible Absent Unfair Surprise; No Presumed Prejudice Without a Continuance Request Introduction In William Coston v. State of Arkansas, 2025 Ark. 143...

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails — Campus Crest v. City of Tuscaloosa

Date: Oct 8, 2025

Pleading-Stage Constitutional Scrutiny of Municipal Tax Classifications: Equal Protection, Vagueness, and Dormant Commerce Clause Claims May Proceed; Zoning-Notice Attack Fails Introduction In Campus...

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation

Date: Oct 8, 2025

Mississippi Supreme Court Authorizes $50 CLE Sponsor Application Fee as a Condition of Accreditation Introduction This commentary examines the Mississippi Supreme Court’s administrative order in In...