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  • Commentaries
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state Case Commentaries

Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation

Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation

Date: May 3, 2025
Reservation of Overpayment Credits in Marital Property Division: Waiver Through Pretrial Stipulation Introduction This case, O’Dea v. Downs, arises from a property‐division proceeding ancillary to...
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702

Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702

Date: May 3, 2025
Ensuring Reliability in CSAAS-Based Expert Testimony: Daubert Compliance under MRE 702 Introduction The Michigan Supreme Court’s May 2, 2025 order in People of the State of Michigan v. Juan Jose Del...
Habeas Corpus Relief for Void Habitual‐Criminal Sentences and the Limits of Nunc Pro Tunc Corrections

Habeas Corpus Relief for Void Habitual‐Criminal Sentences and the Limits of Nunc Pro Tunc Corrections

Date: May 3, 2025
Habeas Corpus Relief for Void Habitual-Criminal Sentences and the Limits of Nunc Pro Tunc Corrections Introduction Ballheim v. Settles (318 Neb. 873, 2025) arose from Trever Ballheim’s collateral...
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division

Date: May 3, 2025
Balancing Child Welfare, Abduction Risk, and Cryptocurrency Gains: Discretion in Parenting Time and Property Division Introduction In In the Matter of Jonathan Kent and Lei Luo (Supreme Court of New...
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent

Date: May 3, 2025
Pain as Symptom, Not Compensable Condition: Delsignore v. Timberline Logging Enterprises Precedent Introduction In John J. Delsignore v. Timberline Logging Enterprises, LLC, the Supreme Court of...
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025)

Date: May 3, 2025
“Stay Within the Mandate”: Effective Assistance of Counsel on Remittal after People v. Nathan (2025) Introduction The Fourth Department’s 2025 decision in People v. Nathan, 238 A.D.3d 1516, tackles a...
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals

Date: May 3, 2025
Waiver of “Person Aggrieved” Requirement: Jurisdiction vs. Capacity in Zoning Appeals Introduction In Ex parte Teachers’ Retirement System of Alabama et al. (2025), the Supreme Court of Alabama...
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies

Date: May 3, 2025
Qualified Immunity for Discretionary Functions: De Novo Review and the Limits of Internal Policies Introduction In Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer...
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals

Date: May 3, 2025
Clarification of Lease Lookback Provisions and Standards of Review in State Airport Hangar Rent Appeals Introduction This decision arises from a consolidated appeal by five tenants of state-owned...
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements

Date: May 3, 2025
Ensuring Voluntary Admissions in Child Protective Plea Hearings: Obligatory Record Completeness and Advisements Introduction In the matter In re T. Hewitt, Minor, the Michigan Supreme Court, by a...
Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles

Date: May 3, 2025
Allocation of Nonresident Guided Hunt Permits Upholds Alaska Constitutional Principles Introduction In Robert Cassell v. State of Alaska, Department of Fish & Game, Board of Game (Supreme Court No....
Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)

Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)

Date: May 3, 2025
Reaffirming Ferranti: Plea Colloquies Must Be Knowing, Voluntary, and Accurately Recorded—Heightened Scrutiny Where Domestic Violence May Influence a Parent’s Admission (In re T. Hewitt, Mich. 2025)...
Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls

Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls

Date: May 3, 2025
Clarifying “Prohibited Practices” Under Iowa’s Consumer Fraud Act: Intent, Reliance, and Written-Contract Controls Introduction The dispute in Bradshaw Renovations, LLC v. Barry Graham & Jacklynn...
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a

Date: May 3, 2025
Use of a Firearm in the Commission of a Felony Includes Conspiracy under WV Code § 61-7-15a Introduction State of West Virginia v. Brian Allen Merchant Jones (No. 23-13, decided May 2, 2025) is a...
Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4)

Date: May 3, 2025
Immunity for Municipal “Good Samaritan” Services: Interpreting “Gratuitous” in AS 09.65.070(d)(4) Introduction In John D. Rochon v. City of Nome, Allen Wright, and Jackie L. Reader, the Alaska...
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel

Date: May 3, 2025
People v. Vanderbilt (2025): The Appellate Division Re-Affirms a Flexible “Searching Inquiry” and Rejects a Per-Se Pedigree Requirement for Waiver of Counsel Introduction People v. Vanderbilt, 238...
Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception

Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception

Date: May 3, 2025
Interest-of-Justice Jurisdiction for Conditional Guilty Pleas and the Continued Validity of the Automobile Exception Introduction The Supreme Court of Iowa’s decision in State of Iowa v. Amadeus...
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc.

Date: May 3, 2025
Plain‐Language Zoning Interpretation and Limited Environmental Division Jurisdiction: In Re Dousevicz, Inc. Introduction In In Re Dousevicz, Inc. CU & Site Plan Approval (2025 VT 22), the Vermont...
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty

Date: May 3, 2025
Criminal Liability for Unprescribed Drug Administration in Childcare: Standards for Negligence and Willful Cruelty Introduction In State v. Stacey Lynn Vaillancourt, 2025 VT 20, the Vermont Supreme...
Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County

Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County

Date: May 3, 2025
Requirement of Non-Mailing Assurances for Public Records Lists Under Idaho Law: Sentry Dynamics, Inc. v. Ada County Introduction The Idaho Supreme Court decision in Sentry Dynamics, Inc. v. Ada...
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