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  • Commentaries
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state Case Commentaries

Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda

Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda

Date: Aug 10, 2025
Undercover Drug “Buy Money” Is Not Restitution: Narrowing “Money Advanced” and “Extraordinary Investigative Costs” and Overruling People v. Juanda I. Introduction People v. Hollis, 2025 CO 54,...
Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required

Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required

Date: Aug 10, 2025
Debit Cards Are Per Se “Financial Devices” Under § 18-5-901(6): No Proof of Usability at the Time of Possession Required 1. Introduction In People v. Hudson, 2025 CO 52, the Colorado Supreme Court...
Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors

Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors

Date: Aug 10, 2025
Prosecutor Disbarment for Prejudicial Public Commentary and Baseless Judge Investigation; No Rule 5.1(b) Liability for Suboptimal Supervision of Seasoned Prosecutors Introduction Matter of Stanley no...
People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations

People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations

Date: Aug 10, 2025
People v. Ray (2025 CO 42M): Post-Rojas Treatment of “Res Gestae” Other-Acts Evidence, CRE 606(b) Limits on Juror Inquiry, and Separation-of-Powers Protection of Gubernatorial LWOP Commutations...
Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank)

Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank)

Date: Aug 10, 2025
Prefiling Interest on Economic Damages Falls Within HCAA Good-Cause Exception (Overruling Wallbank) I. Introduction Bianco v. Rudnicki (2025 CO 49) addresses how Colorado’s Health Care Availability...
Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR

Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR

Date: Aug 10, 2025
Expanding an Existing Tax Base to New Providers or Services Creates a “New Tax” Under TABOR Case: MetroPCS California, LLC v. City of Lakewood, Colorado Citation: 2025 CO 53 (Colo. Sept. 8, 2025)...
Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event

Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event

Date: Aug 10, 2025
Hobbs v. City of Salida: § 25-12-103(11) Noise-Abatement Exemption Applies to Permittees Only When a Government/Nonprofit Uses the Property for the Event Introduction In Hobbs v. City of Salida, the...
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5)

Date: Aug 9, 2025
Beyond the Release Date: Kansas Supreme Court Holds “Foreseeable Future” Extends Past Incarceration for Parental Unfitness Under K.S.A. 38-2269(b)(5) Introduction In In re K.W.D. and E.L.D. (Nos....
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures

Date: Aug 9, 2025
Intoxication Does Not Negate “Knowing” Misconduct: Kansas High Court Imposes Indefinite Suspension for Pattern of Alcohol-Related Crimes, Threatening Communications, and Reporting Failures...
Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction

Date: Aug 9, 2025
Acquiescence by Acceptance: Kansas Supreme Court Limits Void‑Judgment Claims and Recognizes Standalone Appellate Fee Jurisdiction Introduction In Tharrett v. Everett, the Kansas Supreme Court...
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144

Date: Aug 9, 2025
The “Brewster Rule”: Exceptions Remain a Mandatory Prerequisite to Appellate Review After the 2024 Amendments to Court of Chancery Rule 144 1. Introduction In In the Matter of Rolf D. Brewster, a...
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell

Date: Aug 9, 2025
Indefinite Suspension with Mandatory Restitution for Dishonest Post-Error Conduct: In re McDowell Introduction In re McDowell is a Kansas Supreme Court attorney discipline decision arising from a...
Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of NPHO Responsibility

Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of NPHO Responsibility

Date: Aug 9, 2025
Independent Medical Judgment and Vicarious Liability: Renaissance Medical Foundation v. Lugo and the Scope of Nonprofit Health Organization Responsibility I. Introduction The Supreme Court of Texas’s...
Unequivocal Abandonment of Termination by DFPS Bars Termination: Commentary on D.V. v. Texas Department of Family and Protective Services

Unequivocal Abandonment of Termination by DFPS Bars Termination: Commentary on D.V. v. Texas Department of Family and Protective Services

Date: Aug 9, 2025
“When the State Says It Is Not Seeking Termination, Courts May Not Terminate”: Commentary on D.V. v. Texas Department of Family and Protective Services I. Introduction The Supreme Court of Texas’s...
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c)

Date: Aug 9, 2025
State v. Holt (Kan. 2025): Fact-Based Gatekeeping for Postconviction DNA Testing Under K.S.A. 21-2512(c) Introduction In State v. Holt, the Kansas Supreme Court clarifies an important threshold rule...
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection

Date: Aug 8, 2025
People v. Goberdhan: VTL § 600 Applies Off‑Highway; Use of Juror Numbers/Initials Is Not a Mode‑of‑Proceedings Error Absent Objection Introduction This commentary examines the Appellate Division,...
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is Not Cognizable

Date: Aug 8, 2025
People v. Reinfurt: Marijuana Legalization Does Not Retroactively Nullify Prior Out‑of‑State Marijuana Convictions for Second Felony Offender Status; Attempted Felony Assault under PL 120.10(4) Is...
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases: Commentary on Martez Abram v. State of Mississippi (2025)

Date: Aug 8, 2025
Reaffirming the One-Continuous-Transaction Doctrine and the M’Naghten Insanity Standard in Capital Cases Comprehensive Commentary on Martez Abram a/k/a Martez Tarrell Abram v. State of Mississippi,...
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: Commentary on Ricky SS. v. Christine SS. (2025 NY Slip Op 04602)

Date: Aug 8, 2025
Post‑Commencement CARES Act Stimulus Is Separate Property and Not Child Support: The Third Department’s Clarification in Ricky SS. v. Christine SS. Case: Ricky SS. v. Christine SS. (2025 NY Slip Op...
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment

Date: Aug 8, 2025
Covenant Not to Execute ≠ Release: First Department Adopts Majority Rule Preserving Insurer’s Indemnity Exposure After Consent Judgment with Assignment Introduction In Geiger v. Hudson Excess...
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