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  • Commentaries
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state Case Commentaries

Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C)

Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C)

Date: May 2, 2025
Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C) Introduction The Supreme Court of Arkansas issued a per curiam order on May 1, 2025, in In Re...
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Date: May 2, 2025
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims Introduction This commentary examines the Supreme Court of West Virginia’s decision in State ex rel....
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...
Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties: Whitehead v. City of Oakland

Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties: Whitehead v. City of Oakland

Date: May 2, 2025
Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties Introduction In Whitehead v. City of Oakland (2025), the Supreme Court of California confronted the question...
Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing

Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing

Date: May 2, 2025
Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing Introduction This commentary examines the Delaware Supreme Court’s decision in Ford v. State, decided May...
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Date: May 2, 2025
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby Introduction In State of Oregon v. Randall Richard Kilby (373 Or 557, May...
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

Date: May 2, 2025
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea A Commentary on People v. Sabb, 238 A.D.3d 1212 (3d Dep’t 2025) 1. Introduction People v. Sabb arises...
Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171

Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171

Date: May 2, 2025
Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171 Introduction In State ex rel. Ruble et al. v. Switzerland of Ohio Local School District Board of Education...
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Date: May 2, 2025
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability 1. Introduction Adelsperger v. Elkside Development LLC, 373 Or 621 (2025), arises from a...
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Date: May 2, 2025
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal Introduction State of West Virginia v. Aron Freeland arose from Monongalia County Circuit Court proceedings in...
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Date: May 2, 2025
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers Introduction Robert Clark and a group of current and retired Natural Resources Police...
Expanding Aiding and Abetting Liability in Mississippi First-Degree Murder

Expanding Aiding and Abetting Liability in Mississippi First-Degree Murder

Date: May 2, 2025
Expanding Aiding and Abetting Liability in Mississippi First-Degree Murder Introduction Jayme Lynn Tubbs v. State of Mississippi addresses the scope of accomplice liability in first-degree murder and...
Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters

Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters

Date: May 2, 2025
Supreme Court of Mississippi Establishes Revised Ethics and Practice Standards for Certified Court Reporters Introduction On May 1, 2025, the Supreme Court of Mississippi issued an order granting the...
Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Hernandez v. Port Authority (2025): Expanding §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites

Date: May 2, 2025
Hernandez v. Port Authority (2025): Expanding Labor Law §240(1) Coverage to Heavy Ground-Level Loads and Re-mapping Indemnity Obligations on Complex Construction Sites Introduction In Hernandez v....
Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster

Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster

Date: May 1, 2025
Definite One-Year Suspension for Repeated Criminal and Professional Misconduct: In the Matter of Foster Introduction In In the Matter of David Mark Foster, Appellate Case No. 2024-001660, the Supreme...
Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage

Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage

Date: May 1, 2025
Flexible Interpretation of Municipal Rezoning Criteria: Priestley v. Anchorage Introduction In Priestley v. Municipality of Anchorage, 2025 Alas. LEXIS 2088, the Alaska Supreme Court considered a...
Clarifying the Two-Hour BAC Testing Rule and Juror Impartiality in DUI Convictions

Clarifying the Two-Hour BAC Testing Rule and Juror Impartiality in DUI Convictions

Date: May 1, 2025
Clarifying the Two-Hour BAC Testing Rule and Juror Impartiality in DUI Convictions Introduction This commentary examines the Nevada Supreme Court’s decision in Gonzales (Cristian) v. State, decided...
Establishing the “Minimum Adverse Environmental Impact” and Public‐Need Standard for Ohio Solar Farms: In re Harvey Solar I, L.L.C. (2025-Ohio-1503)

Establishing the “Minimum Adverse Environmental Impact” and Public‐Need Standard for Ohio Solar Farms: In re Harvey Solar I, L.L.C. (2025-Ohio-1503)

Date: May 1, 2025
Establishing the “Minimum Adverse Environmental Impact” and Public-Need Standard for Ohio Solar Farms Introduction In In re Application of Harvey Solar I, L.L.C. (2025-Ohio-1503), the Supreme Court...
Recoverability of Future Lost Wages of a Child Murder Victim as Restitution

Recoverability of Future Lost Wages of a Child Murder Victim as Restitution

Date: May 1, 2025
Recoverability of Future Lost Wages of a Child Murder Victim as Restitution Introduction In E.H. v. Hon. Slayton, 2025 Ariz. LEXIS ___, the Arizona Supreme Court addressed whether the future lost...
Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed

Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed

Date: May 1, 2025
Rational Understanding Supersedes Delusional Beliefs: Clarifying Competency to be Executed Introduction The Supreme Court of Florida’s decision in Jeffrey G. Hutchinson v. State of Florida (No....
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