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state Case Commentaries

Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline

Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline

Date: Aug 6, 2025
Retributive Force vs. Reasonable Discipline: Alaska Supreme Court Clarifies Limits of Parental Corporal Discipline 1. Introduction The Supreme Court of Alaska’s decision in Peter R. v. B.M.R., a...
Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards

Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards

Date: Aug 6, 2025
Wolffe v. Wolffe (Alaska 2025): Reaffirming Mandatory Ramsey-Credit Findings and Clarifying Ambiguous Retirement-Asset Awards Introduction In Randall Ward Wolffe v. Robin Wolffe, No. 7779 (Alaska...
“No Right to a Parole Discharge Date for Lifers” – Commentary on Deckard v. Cotton (319 Neb. 615)

“No Right to a Parole Discharge Date for Lifers” – Commentary on Deckard v. Cotton (319 Neb. 615)

Date: Aug 6, 2025
“No Right to a Parole Discharge Date for Lifers” Commentary on Deckard v. Cotton, 319 Neb. 615 (2025) Introduction Deckard v. Cotton presented the Nebraska Supreme Court with the question whether the...
State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E)

State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E)

Date: Aug 6, 2025
State v. Sutton: Nebraska Supreme Court Reinforces Strict Notice for All Constitutional Challenges under Rule § 2-109(E) 1. Introduction In State v. Sutton, 319 Neb. 581 (2025), the Nebraska Supreme...
Jamie G. v. DCF: Sovereign Immunity Waiver Does Not Abrogate Quasi-Judicial Immunity under Connecticut General Statutes § 4-160

Jamie G. v. DCF: Sovereign Immunity Waiver Does Not Abrogate Quasi-Judicial Immunity under Connecticut General Statutes § 4-160

Date: Aug 6, 2025
Jamie G. v. Department of Children & Families (Conn. 2025): Preserving Quasi-Judicial Immunity Despite a Sovereign Immunity Waiver under § 4-160 Introduction On 5 August 2025 the Connecticut Supreme...
"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board

"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board

Date: Aug 6, 2025
"Remedies, Not Claims": The Texas Supreme Court Reframes the Redundant-Remedies Doctrine in Gonzalez v. Texas Medical Board I. Introduction The Supreme Court of Texas’s opinion in Reynaldo "Rey"...

        State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence
        Unaffected by the Graves Act

State v. Cromedy – 2025 NJ Supreme Court Declares N.J.S.A. 2C:39-5(j) a Stand-Alone First-Degree Offence Unaffected by the Graves Act

Date: Aug 6, 2025
State v. Cromedy: N.J.S.A. 2C:39-5(j) Is a Substantive First-Degree Crime Outside the Graves Act’s Mandatory Parole Bar Introduction On 5 August 2025 the Supreme Court of New Jersey, in State v....
White v. FCW Law Offices: Harmonising Treble Damages and CUTPA Punitive Damages

White v. FCW Law Offices: Harmonising Treble Damages and CUTPA Punitive Damages

Date: Aug 6, 2025
White v. FCW Law Offices (2025): Harmonising Treble Damages for Identity Theft with Punitive Damages under CUTPA 1. Introduction In White v. FCW Law Offices, the Supreme Court of Connecticut...
High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals

High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals

Date: Aug 6, 2025
High Watch Recovery Center Rule: Competitors Lack Standing to Appeal Connecticut Certificate-of-Need Approvals Introduction On 5 August 2025 the Supreme Court of Connecticut delivered its opinion in...
Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee”

Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee”

Date: Aug 5, 2025
Swango v. Virginia State Bar: The Supreme Court of Virginia Prohibits Non-Refundable Consultation Fees and Clarifies “Retainer” vs. “Advanced Legal Fee” 1. Introduction Swango v. Virginia State Bar,...
Parental Facilitation of Sexual Abuse Constitutes “Aggravated Circumstances”: A Commentary on In re Barber/Espinoza (Mich. 2025)

Parental Facilitation of Sexual Abuse Constitutes “Aggravated Circumstances”: A Commentary on In re Barber/Espinoza (Mich. 2025)

Date: Aug 5, 2025
Parental Facilitation of Sexual Abuse Constitutes “Aggravated Circumstances”: A Commentary on In re Barber/Espinoza, Supreme Court of Michigan (2025) 1. Introduction The Michigan Supreme Court’s...
From General Warrants to Digital Precision: People v Carson and Michigan’s New Particularity Standard for Cell-Phone Search Warrants

From General Warrants to Digital Precision: People v Carson and Michigan’s New Particularity Standard for Cell-Phone Search Warrants

Date: Aug 5, 2025
From General Warrants to Digital Precision: People v Carson and Michigan’s New Particularity Standard for Cell-Phone Search Warrants 1. Introduction People of Michigan v. Michael Georgie Carson...
Rayford v American House (2025): Michigan Supreme Court Revives “Reasonableness” Review and Adhesion-Contract Scrutiny for Contractual Limitation Periods in Employment Agreements

Rayford v American House (2025): Michigan Supreme Court Revives “Reasonableness” Review and Adhesion-Contract Scrutiny for Contractual Limitation Periods in Employment Agreements

Date: Aug 5, 2025
Rayford v American House Roseville I, LLC (Mich, 2025) A New Era of “Reasonableness” & Adhesion Scrutiny in Michigan Employment Contracts 1. Introduction The Michigan Supreme Court’s 2025 decision in...
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (W. Va. 2025)

Date: Aug 5, 2025
“Plea-Induced Waiver” Doctrine Fortified: State v. Brown Jr. (Supreme Court of West Virginia, 2025) I. Introduction State of West Virginia v. Robert I. Brown Jr., Nos. 24-576, 24-578, and 24-579,...
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)

Date: Aug 5, 2025
No Warrant-Based Carveout: California Supreme Court Holds ICWA Extended-Family Initial Inquiry Duty Applies in All Temporary Custody Cases, and AB 81 Is a Clarifying Amendment (In re Ja.O.)...
“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

“Virtual Access Is Not Enough”: The Colorado Supreme Court Defines the Constitutional Floor for Public Criminal Trials in Rios v. People

Date: Aug 5, 2025
“Virtual Access Is Not Enough”: The Constitutional Requirement of Physical Public Access to Criminal Trials After Rios v. People, 2025 CO 46 I. Introduction In Rios v. People, 2025 CO 46, 572 P.3d...
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense (People v. Gallegos, 2025 CO 41M)

Date: Aug 5, 2025
Colorado Supreme Court Clarifies: No Admission of Predicate Felony Is Required to Assert the Felony‑Murder Affirmative Defense Case: The People of the State of Colorado v. Kenneth Alfonso Gallegos,...
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (N.J. 2025)

Date: Aug 5, 2025
Between Expungement and Transparency: The “Redact-Then-Balance” Rule for Police Internal-Affairs Records — Commentary on States Newsroom Inc. v. City of Jersey City (Supreme Court of New Jersey,...
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals (People v. Dain)

Date: Aug 5, 2025
Remand, Not Reinstatement: California Supreme Court Clarifies Appellate Remedies for Erroneous Romero Dismissals Commentary on People v. Dain, Supreme Court of California (Aug. 4, 2025) Introduction...
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller

Date: Aug 5, 2025
No Substitute for Presence: Colorado Supreme Court Holds Virtual-Only Access Cannot Satisfy the Sixth Amendment Public Trial Right, but COVID-Era Total Closure Was Justified Under Waller Introduction...
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