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state Case Commentaries

Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock

Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock

Date: Aug 29, 2025
Rule 15(b) Suppression Deadline Tied to the Sole Dispositional Conference—Later Status/Scheduling Orders Do Not Restart the Clock Introduction In State of New Hampshire v. John Santiago (No....
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State

Date: Aug 29, 2025
Ambiguous Lawyer Questions and Non‑Promissory Leniency: Mississippi Supreme Court Clarifies Voluntariness and Miranda in Reyes v. State Introduction In Antonio Sauceda Reyes a/k/a Antonio Reyes v....
When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

When Intangible Contracts Yield Property-Use Income: California Supreme Court Holds Occupancy-Tax Rebates and Hotel “Key Money” Are Taxable in Income-Valuing Hotels; Management Fees Don’t Automatically Remove Enterprise Intangibles

Date: Aug 29, 2025
When Contractual Intangibles Generate Property-Use Income: Occupancy-Tax Rebates and Hotel “Key Money” May Be Included in Ad Valorem Valuation; Enterprise Intangibles Still Must Be Backed Out...
Colloquy Controls Postconviction: Florida Supreme Court Clarifies that Speculative Prison‑Abuse Allegations Cannot Undermine Waiver Voluntariness, and Rule 3.130 Delays Are Not Fundamental Error Absent Prejudice

Colloquy Controls Postconviction: Florida Supreme Court Clarifies that Speculative Prison‑Abuse Allegations Cannot Undermine Waiver Voluntariness, and Rule 3.130 Delays Are Not Fundamental Error Absent Prejudice

Date: Aug 29, 2025
Colloquy Controls Postconviction: Florida Supreme Court Clarifies that Speculative Prison‑Abuse Allegations Cannot Undermine Waiver Voluntariness, and Rule 3.130 Delays Are Not Fundamental Error...
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed

Date: Aug 29, 2025
Aguirre: AB 333’s “More-Than-Reputational” Predicate Requirement Applies Retroactively; Evidence Code § 352.2 Is Not Retroactive; Death Judgment Reversed Court: Supreme Court of California Date:...
Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis

Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis

Date: Aug 28, 2025
Unaccepted Street Dedications Create Present Public Travel Easements That Control the RSA 231:8 “Occasion” Analysis Introduction In Taylor Community v. City of Laconia, 2025 N.H. 38, the Supreme...
Parental Primacy Reaffirmed: No Non‑Parent Visitation Without Rebutting the Parental Presumption; ICWA Applies to Third‑Party Custody and the Duty to Inquire Rests with the Court

Parental Primacy Reaffirmed: No Non‑Parent Visitation Without Rebutting the Parental Presumption; ICWA Applies to Third‑Party Custody and the Duty to Inquire Rests with the Court

Date: Aug 28, 2025
Parental Primacy Reaffirmed: No Non‑Parent Visitation Without Rebutting the Parental Presumption; ICWA Applies to Third‑Party Custody and the Duty to Inquire Rests with the Court Introduction In...
Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation

Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation

Date: Aug 28, 2025
Due Process Is Satisfied By Thorough Management Of Repeated Counsel-Effectiveness Complaints; “Reasonable Efforts” Are Judged In Light Of Parental Noncooperation Roman G. v. State of Alaska,...
DuPont v. Commissioner: Minnesota Endorses Net-Income Apportionment for Hedging Receipts and Allows Denominator-Only Distortion Showing Under § 290.20

DuPont v. Commissioner: Minnesota Endorses Net-Income Apportionment for Hedging Receipts and Allows Denominator-Only Distortion Showing Under § 290.20

Date: Aug 28, 2025
DuPont v. Commissioner: Minnesota Endorses Net-Income Apportionment for Hedging Receipts and Allows Denominator-Only Distortion Showing Under § 290.20 Introduction In E. I. duPont de Nemours and...
Collective, Not Individual, Fiduciary Duties: Limits on Direct Shareholder Suits Under Corporate Advisory Agreements

Collective, Not Individual, Fiduciary Duties: Limits on Direct Shareholder Suits Under Corporate Advisory Agreements

Date: Aug 28, 2025
Collective, Not Individual, Fiduciary Duties: Limits on Direct Shareholder Suits Under Corporate Advisory Agreements I. Introduction In In re UMTH General Services, L.P., UMT Holdings, L.P., UMTH...
State v. Lerma: Defendant-Requested Mistrial Precludes a Double Jeopardy Bar Absent Intentional Government Provocation; Judges Count as “Government” and No Implied Withdrawal

State v. Lerma: Defendant-Requested Mistrial Precludes a Double Jeopardy Bar Absent Intentional Government Provocation; Judges Count as “Government” and No Implied Withdrawal

Date: Aug 28, 2025
Consent Controls: Minnesota Supreme Court Clarifies Double Jeopardy After Defendant-Requested Mistrials Introduction In State of Minnesota v. Johnnie Lerma, the Minnesota Supreme Court addressed when...
No Due Process Bar from Post-Discharge Statutory Change; Mens Rea Under Minn. Stat. § 624.713, subd. 1(2) Requires Knowledge of Prior Conviction, Not Knowledge of Status

No Due Process Bar from Post-Discharge Statutory Change; Mens Rea Under Minn. Stat. § 624.713, subd. 1(2) Requires Knowledge of Prior Conviction, Not Knowledge of Status

Date: Aug 28, 2025
No Due Process Bar from Post-Discharge Statutory Change; Mens Rea Under Minn. Stat. § 624.713, subd. 1(2) Requires Knowledge of Prior Conviction, Not Knowledge of Status Introduction In Joel Armen...
Talley v. Horn: Mandatory Cancellation of Lis Pendens Under 25 Del. C. § 1606 and Affirmation of Fee-Shifting and Injunctive Relief for Serial Filers

Talley v. Horn: Mandatory Cancellation of Lis Pendens Under 25 Del. C. § 1606 and Affirmation of Fee-Shifting and Injunctive Relief for Serial Filers

Date: Aug 28, 2025
Talley v. Horn: Mandatory Cancellation of Lis Pendens Under 25 Del. C. § 1606 and Affirmation of Fee-Shifting and Injunctive Relief for Serial Filers Introduction In Talley v. Horn, No. 429, 2024...
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards

Date: Aug 27, 2025
“Prima Facie or Nothing”: Carvalho v. Carvalho and the North Dakota Supreme Court’s Clarification of Custody-Modification Standards Introduction Carvalho v. Carvalho, 2025 ND 129, emerges from a...
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims – Comment on John Paul Mac Isaac v. Politico LLC (2025)

Date: Aug 27, 2025
Delaware Supreme Court Clarifies the “Of-and-Concerning” Test and Statute-of-Limitations Tolling for Digital-Age Defamation and Privacy Claims Commentary on John Paul Mac Isaac v. Politico LLC, 319...
Collective Fiduciary Duties and Shareholder Capacity in Texas: Commentary on In re UMTH General Services, L.P.

Collective Fiduciary Duties and Shareholder Capacity in Texas: Commentary on In re UMTH General Services, L.P.

Date: Aug 27, 2025
Collective Fiduciary Duties and Shareholder Capacity in Texas: Commentary on In re UMTH General Services, L.P. I. Introduction The Supreme Court of Texas’s mandamus decision in In re UMTH General...
Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Rodriguez v. Mauna Kea Resort LLC: The “Specific-Percentage” Disclosure Rule for Hawaiʻi Service Charges

Date: Aug 26, 2025
Rodriguez v. Mauna Kea Resort LLC: The New Requirement to State the Exact Portion of a Service Charge Paid as Tip Income Introduction Rodriguez v. Mauna Kea Resort LLC, 155 Haw. 223 (Haw. 2025),...
No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

No Ineffective-Assistance Exception: Clue v. Commissioner of Correction and the Finality of Habeas Judgments under § 52-212a

Date: Aug 26, 2025
No Ineffective-Assistance Exception: Supreme Court of Connecticut Bars Late Opening of Habeas Judgments under § 52-212a 1. Introduction In Clue v. Commissioner of Correction, 348 Conn. ___ (2025),...
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation

Date: Aug 26, 2025
PeakCM v. ATAS: Vermont Supreme Court Narrows the “Special-Relationship” Exception and Re-Affirms a Strict Economic-Loss Rule in Construction-Product Litigation Introduction PeakCM, LLC v....
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina

Date: Aug 26, 2025
Cutter v. Vojnovic: Derivative Standing Denied for General Partners and Modern Clarification of Partnership Formation in North Carolina 1. Introduction In Cutter v. Vojnovic, the Supreme Court of...
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