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state Case Commentaries

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements

Date: May 31, 2025
Facial Unconstitutionality of §3806: Apprendi Protections for ARD-Based Sentencing Enhancements Introduction Commonwealth v. Shifflett, G., Aplt. (No. 26 MAP 2024), decided May 30, 2025 by the...
Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases

Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases

Date: May 31, 2025
Prohibition on Civil Sanctions Against Prosecutors Under Iowa Rule 1.413 and Iowa Code § 619.19 in Criminal Cases Introduction Theron M. Christensen, an assistant county attorney in Story County,...
State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive

State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive

Date: May 31, 2025
State v. Wilson: K‑9 Sniff of a Lawfully Parked Vehicle Is Not a Search and the Driver–Vehicle Seizure Nexus Breaks When the Driver Cannot Lawfully Drive Introduction In State v. Wilson, No. 125,283...
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks

Date: May 31, 2025
Mandating Expeditious Administration of Pennsylvania’s Instantaneous Firearms Background Checks Introduction This case arises from a dispute over the Pennsylvania State Police’s (“PSP”) performance...
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Extending the Inconsistent Verdicts Doctrine to Special Interrogatories

Date: May 31, 2025
Extending the Inconsistent Verdicts Doctrine to Special Interrogatories Introduction In Commonwealth v. Muhammad, the Pennsylvania Supreme Court considered whether the familiar “inconsistent...
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming

Date: May 31, 2025
Clarifying Trial Discretion and Warrant Particularity: Expert Witness Designation and Vehicle Search in Marquez v. Wyoming Introduction This commentary examines the Supreme Court of Wyoming’s...
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail

Date: May 31, 2025
Clarifying the One-Year Limitation and Tolling in Nebraska Postconviction Relief: State v. Trail Introduction State v. Trail, 319 Neb. 84 (2025), represents a landmark pronouncement by the Nebraska...
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence

Date: May 31, 2025
Belhak v. Smith: Clarifying Causation Evidence and Trial-Misconduct Review in Medical Negligence Introduction In Fatima E. Belhak and Abdellatif Elfila v. Denice Smith, M.D., and Women's Care...
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant

Date: May 30, 2025
Public Reprimand for Practicing Law During Interim Suspension Amid Mental-Health Crisis: Columbus Bar Assn. v. Bryant Introduction In Columbus Bar Assn. v. Bryant (2025-Ohio-1879), the Supreme Court...
Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy

Date: May 30, 2025
Exclusion of Metropolitan Police Departments from Nevada’s Judicial Confirmation Law and the NPRA’s Exclusive Public Records Remedy Introduction In In re: Public Records Request to Las Vegas Metro....
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins

Date: May 30, 2025
Fit Natural Parent Presumption Trumps Nonrelative Custody: Oxley v. Lumpkins Introduction In Zachary M. Oxley v. Larry Ray Lumpkins (2025 Ark. 98), the Supreme Court of Arkansas addressed a novel...
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual

Date: May 30, 2025
Judicial Review as a “Special Proceeding” under NRS 18.020(4): Recoverability, Apportionment, and Cost Accrual Introduction In In re: D.O.T. Litigation, the Supreme Court of Nevada considered whether...
Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists

Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists

Date: May 30, 2025
Clarifying Hodgins: Premarital Pension Accruals Are Marital Property; The Hodgins Time-Rule Is the Default Only When No Premarital Service Exists Introduction In In the Matter of LeGault & LeGault,...
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a

Date: May 30, 2025
“The Alzate Doctrine” – Repeated Omissions about Prior Injuries Justify Permanent Disqualification under Workers' Compensation Law § 114-a 1. Introduction Case: Matter of Alzate v. Quality Building...
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing

Date: May 30, 2025
Exclusionary Rule Under Utah’s EIDPA: Federal Subpoenas and State Evidence Sharing Introduction State v. Andrus (2025 UT 15) is a landmark decision by the Supreme Court of Utah addressing the scope...
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances – State v. Trinh

Date: May 30, 2025
Clarification of “Conscious Indifference” Standard in Preliminary Hearing Continuances Introduction The Supreme Court of Nevada’s decision in State v. Trinh (2025) addresses the procedural safeguards...
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes

Date: May 30, 2025
Mississippi Supreme Court Defines Joinder and Consolidation Criteria for Multi-Party Mass-Tort Settlement-Fund Disputes Introduction The Supreme Court of Mississippi’s decision in Freese, Goss &...
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Creduality in Recanted Confessions

Date: May 30, 2025
Affirming First-Degree Murder Convictions: Weight-of-Evidence Standard and Credibility in Recanted Confessions Introduction The Supreme Court of Mississippi’s decision in Keith Coleman, Jr. a/k/a K2...
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine

Date: May 30, 2025
Virginia Common Law Refusal to Adopt the Adequate Assurance Doctrine Introduction Under Wild Skies, Inc. v. National Rifle Association of America, 304 Va. ___ (2025), presented to the Supreme Court...
“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

“Acute Worsening” as an Emergency: Cahill v. NYS Dept. of Mental Hygiene and the Expansion of the §13-a(5) Exception

Date: May 30, 2025
“Acute Worsening” as an Emergency: Matter of Cahill v. New York State Dept. of Mental Hygiene (2025) and the Expanded Emergency Exception under Workers’ Compensation Law § 13-a(5) Introduction The...
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