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state Case Commentaries

Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids

Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids

Date: Sep 5, 2025
Massey v. State: Delaware Supreme Court Confirms Threshold Indicia of Falsity Required to Impeach with Prior Sexual Assault Allegations; Affirms Trial Courts’ Discretion to Allow Child-Comfort Aids...
People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted

Date: Sep 5, 2025
People v. Cardenas: “Active Participant” in §190.2(a)(22) Carries Its Plain Meaning; Sanchez and AB 333 Require Reversal of Gang Findings and Death Judgment; Limited McCoy Remand Permitted...
From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1

Date: Sep 5, 2025
From Greyhound to Yamaha: California Supreme Court Ends “Uniquely Deferential” Review of CPUC Statutory Interpretations Under Public Utilities Code §§ 1757 and 1757.1 Introduction In Center for...
Delegating Temporal Scope of Arbitration Agreements: Commentary on Cerna v. Pearland Urban Air, LLC

Delegating Temporal Scope of Arbitration Agreements: Commentary on Cerna v. Pearland Urban Air, LLC

Date: Sep 5, 2025
Delegating Temporal Scope of Arbitration Agreements: Cerna v. Pearland Urban Air, LLC I. Introduction The Supreme Court of Texas’s decision in Abigail Dalila Cerna, as Next Friend of R.W. v. Pearland...
Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims”

Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims”

Date: Sep 5, 2025
Admissibility and Diligence as Gatekeepers in Successive Rule 3.851 Motions: Florida Supreme Court Rejects Third-Party Confession Declarations and “New Support for Old Claims” Introduction In Ernest...
Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres

Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres

Date: Sep 5, 2025
Fraud Scienter Clarified and Disclosure Act Accrual Fixed at Closing: The Idaho Supreme Court’s Dual Holdings in VanRenselaar v. Batres Introduction In VanRenselaar v. Batres, the Idaho Supreme Court...
Ohio Supreme Court mandates facility‑specific “rate for direct care costs” drives 60% allocation to nursing‑home quality pool under R.C. 5165.26(E)

Ohio Supreme Court mandates facility‑specific “rate for direct care costs” drives 60% allocation to nursing‑home quality pool under R.C. 5165.26(E)

Date: Sep 4, 2025
Facility‑Specific “Rate for Direct Care Costs,” Not Group “Price,” Controls the 60% Quality‑Pool Allocation: A Textualist Course Correction in Medicaid Nursing‑Home Payments Case Overview Decision:...
Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test

Date: Sep 4, 2025
Swearing-In Does Not Moot Eligibility Challenges; Election-Law Injunctions Must Satisfy Montana’s Four-Factor Test Case: Bartel v. Middlestead, 2025 MT 195 (Mont. Sept. 2, 2025) Court: Supreme Court...
“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem

Date: Sep 4, 2025
“Taxes Relating to the Property” in Liquidation MOUs: No Implied Duty to Reserve for a Debtor’s Capital Gains; Extrinsic Evidence Controls Before Contra Proferentem Introduction Gabert v. Seaman,...
Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified

Date: Sep 4, 2025
Johnson v. State Farm (Mont. 2025): Attorney Fees Are Part of “Made Whole,” But Only for Covered Losses; Coverage‑Segmented Subrogation Clarified Introduction In Johnson v. State Farm Ins., 2025 MT...
Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures

Date: Sep 4, 2025
Probable Cause Must Exist at the Moment of Seizure: Montana Supreme Court Clarifies the Line Between Extended Traffic Stops and Evidentiary Vehicle Seizures Introduction In State v....
Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N)

Date: Sep 4, 2025
Plain and Cumulative Error Narrowly Applied; Isolated Doyle Reference Deemed Nonprejudicial; Mandatory Jail‑Time Credit Correction — Commentary on State v. Martinez (2025 MT 197N) Introduction This...
Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme Court)

Date: Sep 4, 2025
Harmlessness of Replaying Testimonial Evidence Absent a “Particularized Need,” and Strict Prerequisites for Structural Error in Jury Selection — Commentary on State v. Purkhiser (Montana Supreme...
Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025)

Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025)

Date: Sep 4, 2025
Connecticut Adopts a Balancing Test for Prearrest Delay Under the State Due Process Clauses: Commentary on State v. McFarland (2025) Introduction State v. McFarland is a landmark decision of the...
State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco

State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco

Date: Sep 4, 2025
State v. McFarland: Connecticut Adopts a State Due Process Balancing Test for Pre‑Accusation Delay—Concurrence Urges Retaining Marion–Lovasco Introduction In State v. McFarland (Conn. Sept. 2, 2025),...
Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims

Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims

Date: Sep 4, 2025
Balancing, Not Bad Faith: Connecticut Adopts a Barker-Style Test for Prearrest Delay Due Process Claims Introduction In State v. McFarland (Second Concurrence), Supreme Court of Connecticut (Sept. 2,...
Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland

Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland

Date: Sep 4, 2025
Toward a Balancing Test for Prearrest Delay Under the Connecticut Constitution: Justice Alexander’s Concurrence in State v. McFarland Introduction In State v. McFarland (Supreme Court of Connecticut,...
Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Cotenants’ Standing To Defend Absent Cotenants Against Adverse Possession, and Laches as a Bar to Century‑Old Land Court Claims: The Hawaiʻi Supreme Court’s Decision in In re Application of Pioneer Mill Co., Limited (2025)

Date: Sep 4, 2025
“Equity Aids the Vigilant”: Cotenants May Defend Absent Cotenants Against Adverse Possession, and Laches Bars a Century-Old Land Court Claim Introduction In a published opinion with far-reaching...
Bright-Line Ban on Extra-Record Fact-Finding in Postconviction Proceedings: Structural Error Under the Minnesota Constitution (State v. Duol)

Bright-Line Ban on Extra-Record Fact-Finding in Postconviction Proceedings: Structural Error Under the Minnesota Constitution (State v. Duol)

Date: Sep 4, 2025
Bright-Line Ban on Extra-Record Fact-Finding in Postconviction Proceedings: Structural Error Under the Minnesota Constitution Introduction In State of Minnesota v. Buay David Duol (Minn. Sept. 3,...
Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement

Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement

Date: Sep 4, 2025
Closing a Deed‑Reserved Highway Connection Is a Compensable Taking: Idaho Supreme Court Clarifies Substantial Impairment and Deed‑as‑Contract Enforcement Introduction In Bear Crest Limited LLC v....
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