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  • Commentaries
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state Case Commentaries

Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Date: May 7, 2025
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia Introduction Nelson v. State, decided May 6, 2025 by the Supreme Court of Georgia, concerns appellant...
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Date: May 7, 2025
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions Introduction In Johnson v. State, 307 Ga. 109 (2025), the Supreme Court of Georgia confronted...
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Date: May 7, 2025
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions Introduction Johnson v. State is a 2025 decision of the Supreme Court of...
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings

Date: May 7, 2025
Proper Stipulated Adjudication Requirement Under Rule 26(a): Jurisdictional Prerequisite in Abuse and Neglect Proceedings Introduction This memorandum decision arises from the appeal in In re D.B.,...
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker

Date: May 7, 2025
Clarifying the Purpose Requirement in Evidence Tampering: State v. Parker Introduction In State v. James Houston Parker (2025 MT 92), the Supreme Court of Montana confronted the proper mental-state...
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections

Date: May 7, 2025
District Court Authority in Probation Revocation: Dismissal Limitations and Clerical-Error Corrections Introduction State of Montana v. Cheyene Leilani-Amber Zielie (2025 MT 90) addresses two related...
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees

Date: May 7, 2025
Maintaining Discretion: Equitable Asset Division and Discretionary Denial of Maintenance and Attorney Fees Introduction In Marriage of Urell, 2025 MT 95N, the Supreme Court of Montana reviewed a...
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Date: May 7, 2025
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State Introduction Patterson v. State, decided by the Supreme Court of Georgia on May 6,...
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Date: May 7, 2025
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State Introduction This commentary examines the Supreme Court of Georgia’s...
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

Date: May 7, 2025
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions Introduction In Jones v. State, Supreme Court of Georgia, decided May 6, 2025, the Court clarified that a...
Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State

Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State

Date: May 7, 2025
Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State Introduction Fox v. State, decided May 6, 2025 by the Supreme Court of...
“Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland”

“Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland”

Date: May 7, 2025
Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland Introduction In Denny v. State, decided May 6, 2025, the Supreme Court of Georgia addressed whether...
Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b)

Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b)

Date: May 7, 2025
Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b) Introduction In Coleman v. State, decided May 6, 2025, the Supreme Court of Georgia addressed the...
Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context

Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context

Date: May 7, 2025
Clarifying Ohio’s Public Records Act Obligations: Proper Submission, Prepayment, and Custodial Duties in Prison Context Introduction In State ex rel. Clark v. Ohio Department of Rehabilitation and...
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler

Date: May 6, 2025
Clarifying Jury Qualification in Capital Cases: Witherspoon/Witt and People v. Oyler Introduction The case of People v. Oyler (S173784) arose from a series of wildland arson fires in the Banning Pass...
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences

Date: May 6, 2025
Preservation of Appellate Review for Temporary Civil Commitments through Collateral Consequences Introduction In J.F. v. St. Vincent Hospital and Health Care Center, Inc. (Indiana Supreme Court, May...
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk

Date: May 6, 2025
Absolute Legislative Immunity for Internal Legislative Acts: Stewart v. Ramczyk Introduction Stewart v. Ramczyk, decided May 5, 2025 by the Supreme Court of New Mexico, is the first New Mexico...
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B.

Date: May 6, 2025
Establishing Subject-Matter Jurisdiction for Children in Guardianship: In re K.A., N.A., and J.B. Introduction In In re K.A., Jr., N.A. and J.B., the Supreme Court of Appeals of West Virginia...
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding

Date: May 6, 2025
Reaffirmation of the Unwaivable Consent of Surety Requirement in Public Contract Bidding Introduction In In the Matter of Protest Filed by El Sol Contracting and Construction Corp., Contract...

    Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute

Date: May 6, 2025
Intervening Cause Defense in Colorado’s Fentanyl-Death Enhancement Statute Introduction In Re The People of the State of Colorado v. Patrick L. Beverly, II (2025 CO 18) presents the first opportunity...
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