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  • Commentaries
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state Case Commentaries

State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges

Date: Aug 15, 2025
State v. Lavoie: Supreme Court of Hawaiʻi Restricts Expert-Fee Entitlements at Regular Sentencing and Adopts the “Aggregate” Test for HRS § 706-609 Resentencing Challenges 1. Introduction In State v....
Safeguarding the Residential Status Quo:  Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes

Date: Aug 15, 2025
Safeguarding the Residential Status Quo: Byron v. Rainbow Estates HOA and the Stringent Application of Montana’s Preliminary-Injunction Test in Covenant–Enforcement Disputes 1. Introduction Byron v....
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders – Commentary on In re Parenting of D.C.S., 2025 MT 179

Date: Aug 15, 2025
Montana Supreme Court Clarifies Curative Effect of Post-Hearing Findings on Premature Ex Parte Third-Party Parenting Orders A Commentary on In re Parenting of D.C.S., 2025 MT 179 (DA 24-0547) 1....
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications

Date: Aug 15, 2025
Jackson v. Jackson: Montana High Court Confirms Right to Discovery & Hearing Once “Changed Circumstances” Are Plausibly Alleged in Child-Support Modifications 1. Introduction The Montana Supreme...
“Public-Interest Override” After the 2017 Amendments –  Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

“Public-Interest Override” After the 2017 Amendments – Matter of B.J.B. and the Court’s Discretion to Impose Lifetime Sex-Offender Registration on Juveniles

Date: Aug 15, 2025
“Public-Interest Override” After the 2017 Amendments – Supreme Court of Montana Clarifies Judicial Discretion to Require Lifetime Sex-Offender Registration for Juveniles 1. Introduction The Supreme...
Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Matter of S.W. & D.W.: Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist

Date: Aug 15, 2025
Matter of S.W. & D.W. (2025 MT 178): Clarifying Montana’s “No-Reunification Efforts” Exception Where Prior Terminations and Chronic, Severe Neglect Co-Exist 1. Introduction The Supreme Court of...
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: The Supreme Court of Montana Sharpens the Boundaries of § 41-3-423, MCA

Date: Aug 15, 2025
2025 MT 178 – When “No Reasonable Efforts” Meets Prior Terminations: Clarifying the Department’s Obligation and Defining “Chronic, Severe Neglect” Introduction In Matter of S.W. & D.W., 2025 MT 178,...
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated

Date: Aug 15, 2025
State v. Songer (2025 MT 176): Re-affirming the Unavailability Requirement for Remote Testimony and the Necessity of Re-Sentencing When Dependent Convictions Are Vacated Introduction In State v. J....
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony

Date: Aug 15, 2025
The “Songer Standard” – Mandatory Proof of Witness Unavailability Before Playing Preserved Testimony Introduction State v. J. Songer, 2025 MT 176, is a multi-issue decision from the Montana Supreme...
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted

Date: Aug 15, 2025
State v. Songer: Montana Supreme Court Demands Strict Proof of Witness “Unavailability” Before Video Testimony Is Admitted Introduction In State v. Jory Jerae Songer, 2025 MT 176, the Supreme Court...
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180)

Date: Aug 15, 2025
Assignment-as-Cancellation Doctrine: Montana Supreme Court Redefines Policy Transfers in Victory Insurance v. State (2025 MT 180) 1. Introduction Victory Insurance Company (“Victory”), a Montana...
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings

Date: Aug 15, 2025
Blaker v. Kroger – Reaffirming the Independence of Kentucky Workers’ Compensation Adjudications from Social-Security Disability Findings Introduction In Robert Blaker, Jr. v. The Kroger Company, the...
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims

Date: Aug 15, 2025
Affirmative Approval Equals Waiver: Kentucky Supreme Court Re-affirms that Explicit Agreement to Jury Instructions Waives Double-Jeopardy and Jury-Unanimity Claims Introduction Michael Dodson, the...
Minor v. Commonwealth: Clarifying Kentucky’s Domestic-Violence Parole Exemption and the “In-Custody Video” Prejudice Test

Minor v. Commonwealth: Clarifying Kentucky’s Domestic-Violence Parole Exemption and the “In-Custody Video” Prejudice Test

Date: Aug 15, 2025
Minor v. Commonwealth: Clarifying Kentucky’s Domestic-Violence Parole Exemption and the “In-Custody Video” Prejudice Test Introduction In Devin J. Minor v. Commonwealth of Kentucky, the Supreme Court...

        The “Paintsville Standard”: Qualified Official Immunity Bars Vicarious-Liability and 
        Special-Relationship Claims Against Kentucky Public Entities

The “Paintsville Standard”: Qualified Official Immunity Bars Vicarious-Liability and Special-Relationship Claims Against Kentucky Public Entities

Date: Aug 15, 2025
The “Paintsville Standard”: Qualified Official Immunity Bars Vicarious-Liability and Special-Relationship Claims Against Kentucky Public Entities Introduction City of Paintsville v. Haney,...
Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (2025)

Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (2025)

Date: Aug 15, 2025
Affirmation of Trial Courts’ Discretion to Amend Penalty-Phase Instructions Mid-Deliberation: Commentary on Bobby Anderson v. Commonwealth of Kentucky (Ky. 2025) Introduction The Supreme Court of...
“Disposal-Likelihood” & Fair-Market Valuation: The Ooten Clarification on Directed-Verdict Standards in Kentucky Theft and Criminal Mischief Cases

“Disposal-Likelihood” & Fair-Market Valuation: The Ooten Clarification on Directed-Verdict Standards in Kentucky Theft and Criminal Mischief Cases

Date: Aug 15, 2025
“Disposal-Likelihood” & Fair-Market Valuation: Ooten v. Commonwealth Clarifies Kentucky’s Directed-Verdict Thresholds in Theft and Criminal Mischief Cases 1. Introduction In Jesse Ooten v....
Restitution and Candor as Absolute Conditions for Bar Reinstatement – A Commentary on In Re: Travis Olen Myles, Jr.

Restitution and Candor as Absolute Conditions for Bar Reinstatement – A Commentary on In Re: Travis Olen Myles, Jr.

Date: Aug 15, 2025
Restitution and Candor as Absolute Conditions for Bar Reinstatement – Supreme Court of Kentucky Defines the Outer Limits in In Re: Travis Olen Myles, Jr. 1. Introduction The Supreme Court of...
No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a)

No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a)

Date: Aug 15, 2025
No Advantage Through Threats: Kentucky Supreme Court Re-Affirms that Subjective Belief Cannot Excuse Violations of SCR 3.130(3.4)(f) and 8.2(a) 1. Introduction The Supreme Court of Kentucky’s opinion...
“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the
            “Inextricably Intertwined” Exception to KRE 404(b)

“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the “Inextricably Intertwined” Exception to KRE 404(b)

Date: Aug 15, 2025
“When the Defendant Tells His Own Story” – Kentucky Clarifies the Scope of the “Inextricably Intertwined” Exception to KRE 404(b) Introduction In Damon R. Cruse v. Commonwealth of Kentucky (Supreme...
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