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  • Commentaries
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state Case Commentaries

Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a Different Result

Date: Aug 13, 2025
Prejudice, Not Error: New Hampshire Supreme Court Reaffirms That Cumulative Outcry and Treating-Physician Testimony Do Not Establish Ineffective Assistance Absent a Reasonable Probability of a...
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi

Date: Aug 13, 2025
Prior Threats as Intrinsic Evidence of "Present Threat" Coercion in AFSA: The New Hampshire Supreme Court’s Clarification in State v. Rinaldi Introduction In State of New Hampshire v. Matthew Rinaldi...
Colorado’s Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

Colorado’s Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule

Date: Aug 13, 2025
Colorado’s Anti-SLAPP Catchall: Two-Step “Public Issue/Public Interest” Test and Motive-Irrelevance Rule 1. Introduction In Lind-Barnett v. Tender Care Veterinary Center, Inc., 2025 CO 62 (Colo. Aug....
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of Concord (N.H. 2025)

Date: Aug 13, 2025
Variance Scope Is Defined by Applicant Representations; Public Rentals and Simulator Uses Exceed Accessory-Use Variances, and Redevelopment Abandons Prior Nonconforming Use — 135 NSS, LLC v. City of...
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals

Date: Aug 13, 2025
“Only the Named Insured May Exhaust the SIR” – Delaware Supreme Court’s Definitive Guidance in In Re Aearo Technologies LLC Insurance Appeals 1. Introduction The Supreme Court of Delaware, sitting en...
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines

Date: Aug 12, 2025
Deterring Strategic Nonpayment Without Automatic Forfeiture: California Supreme Court Upholds CCP § 1281.98 Against FAA Preemption by Incorporating Relief-from-Forfeiture Doctrines Introduction In...
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation

Date: Aug 12, 2025
Zimmer v. Nichols: Delineating Temporal Boundaries for Equitable Fee-Shifting in Delaware Family Litigation Introduction Zimmer v. Nichols, decided by the Supreme Court of Delaware on 11 August 2025,...
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence

Date: Aug 12, 2025
Stevens v. State: Expert Testimony as a Sufficient Foundation for LC-MS/MS Blood-Toxicology Evidence Introduction In Stevens v. State, the Supreme Court of Delaware addressed whether the State must...
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...
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