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  • Commentaries
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state Case Commentaries

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients

Date: May 3, 2025
Clear and Convincing Evidence Required for Involuntary Head-Shaving of Nonconsenting Patients Introduction In the matter of the necessity for the hospitalization of Lila B., the Supreme Court of...
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters

Date: May 3, 2025
Precedent: Strict Application of RSA 482-A:26 to Unauthorized Constructions Over Public Waters Introduction This commentary examines the Supreme Court of New Hampshire’s decision in Appeal of Robert...
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements

Date: May 3, 2025
Expanding Equitable Remedies in Land Encroachment Disputes: Trial Courts’ Discretion Beyond Easements Introduction In Alan Haag v. Wilson Properties, LLC, and John Owen Wilson (SC-2024-0405), the...
Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements

Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements

Date: May 3, 2025
Operational Status Requirement for Enforceable Liquidated Damages in Physician Non-Compete Agreements Introduction In Caruso v. Barton, 2025 WL XXXX (Del. May 2, 2025), the Supreme Court of Delaware...
Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn

Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn

Date: May 3, 2025
Scope of Record-Based Sexual Contact Findings Under Nebraska’s SORA: State v. Strawn Introduction In State v. Strawn, 318 Neb. 859 (2025), the Nebraska Supreme Court addressed whether a defendant may...
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction

Date: May 3, 2025
Enforcement of Appellate Mandamus Orders Prior to Expiration of Trial Court Jurisdiction Introduction This commentary examines the Supreme Court of Alabama’s decision in Ex parte Tramaine Bonner,...
Del Cid: Concurring Opinion Signals No Per Se Admissibility of CSAAS‑Type Testimony Under MRE 702

Del Cid: Concurring Opinion Signals No Per Se Admissibility of CSAAS‑Type Testimony Under MRE 702

Date: May 3, 2025
Del Cid: Concurring Opinion Signals No Per Se Admissibility of CSAAS‑Type Testimony Under MRE 702 Introduction In People of the State of Michigan v. Juan Jose Del Cid, the Michigan Supreme Court...
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses

Date: May 3, 2025
People v. Dozier (2025): Competency ≠ Criminal Responsibility – The Appellate Division Distinguishes CPL Article 730 Exams from Psychiatric Defenses Introduction In People v. Dozier, 238 A.D.3d 1523...
Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Date: May 2, 2025
Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez Introduction State v. Perez, 373 Or 591 (2025), is the Oregon Supreme Court’s latest guidance on...
Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses

Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses

Date: May 2, 2025
Parker v. State: Eyewitness Identification Standards and the Skip Rule for Lesser-Included Offenses Introduction In Keundre Parker v. State of Arkansas (2025 Ark. 55), the Supreme Court of Arkansas...
Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W.

Date: May 2, 2025
Oral Adjudicatory Findings Vest Jurisdiction in Child Abuse and Neglect Cases: In re J.W., D.W.-1, and W.W. Introduction In In re J.W., D.W.-1, and W.W., the Supreme Court of Appeals of West Virginia...
Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement

Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement

Date: May 2, 2025
Trademark Licensors and Strict Products Liability: No Liability Absent Substantial Involvement Introduction The Supreme Court of Nevada was asked to resolve a novel question of Nevada tort law in the...
Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Date: May 2, 2025
Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities Introduction The Supreme Court of New Hampshire’s decision in State v. Zarella, 2025...
Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Date: May 2, 2025
Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax Introduction Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC (No. 2023-SA-01079-SCT) is...
The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

Date: May 2, 2025
The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Date: May 2, 2025
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...
Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

Date: May 2, 2025
Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701 Introduction Devon Romick v. State of Arkansas, 2025 Ark. 57, is a landmark decision by the Supreme Court of Arkansas...
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Date: May 2, 2025
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard Introduction State of Utah v. Kyli Jenae Labrum (2025 UT 12) presented the Supreme Court of Utah with the question...
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Date: May 2, 2025
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified Introduction In State of West Virginia v. Aron Freeland, the Supreme Court of Appeals of West Virginia...
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Date: May 2, 2025
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing Introduction Lopez v. Presbyterian Healthcare Services, decided May 1, 2025 by the Supreme Court of New Mexico,...
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