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state Case Commentaries

No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

No-Admission Rule for the Felony Murder Affirmative Defense in Colorado: Commentary on People v. Gallegos, 2025 CO 41

Date: Aug 5, 2025
No-Admission Rule for the Felony Murder Affirmative Defense in Colorado Commentary on People v. Gallegos, 2025 CO 41, 572 P.3d 136 (Colo. 2025) I. Introduction In People v. Gallegos, 2025 CO 41, 572...
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten

Date: Aug 5, 2025
“Reasonably Foreseeable” Litigation Triggers a Precomplaint Duty to Preserve Evidence: Colorado Supreme Court Clarifies Spoliation Standard in Terra Management Group v. Keaten Court: Colorado Supreme...
Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation

Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation

Date: Aug 2, 2025
Exclusive Authority of the Tennessee Supreme Court over Execution Orders: Limits on Trial-Court Injunctions in Method-of-Execution Litigation Introduction In Byron Black v. Frank Strada, the...
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees

Date: Aug 2, 2025
“Franchisee-Only Standing” – The New Jersey Supreme Court Conclusively Limits FPA Causes of Action to Franchisees Introduction New Jersey Coalition of Automotive Retailers, Inc. v. Ford Motor...
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey

Date: Aug 2, 2025
No Mandatory Physical Examination but Contemporaneous Medical Evidence Required: The New Standard for Compassionate Release Eligibility in New Jersey 1. Introduction In M.R. v. New Jersey Department...
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent

Date: Aug 2, 2025
Unpaid PFRS Benefits Must Revert to the Estate Absent an Express Written Beneficiary Designation — The Isaac Precedent Introduction In Keith Isaac (deceased) v. Board of Trustees, Police and...
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities

Date: Aug 2, 2025
State v. Fenimore: A New Rule Requiring Warrants for Vehicle Searches Conducted at Police Facilities Introduction On 30 July 2025 the New Jersey Supreme Court delivered a unanimous opinion in State...
State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts

State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts

Date: Aug 2, 2025
State v. Hogan: Prior-Acts Evidence Under K.S.A. 60-455 Is Inadmissible Without Proof the Defendant Committed the Prior Acts Introduction In State v. Hogan, No. 126,442 (Kan. Aug. 1, 2025), the...
State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter Instructions Reaffirmed

State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter Instructions Reaffirmed

Date: Aug 2, 2025
State v. Alvarado-Meraz: Proof That a Jury Question Reached the Court Is Required to Trigger Right-to-Be-Present Protections; Wide Latitude in Closing and Robust Gatekeeping on Voluntary Manslaughter...
THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown (Kan. 2025)

THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown (Kan. 2025)

Date: Aug 2, 2025
THC Testing Not Required to Prove “Marijuana”; Attempted Sale Counts as “Distribution,” and Felony-Murder Res Gestae Encompasses a Continuous Drug-Deal Transaction — Commentary on State v. Brown...
One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas (In re D.J., 2025)

One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas (In re D.J., 2025)

Date: Aug 2, 2025
One Violation Is Enough: Mandatory EJJP Revocation and Nonmodifiable Adult Sentences in Kansas Commentary on In re D.J., No. 127,414 (Kan. Aug. 1, 2025) Introduction In re D.J. is a significant...
Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I

Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I

Date: Aug 2, 2025
Inquiry Notice in Fiduciary Investment Relationships: Trust and Opaque Reporting Can Delay the Statute of Limitations Under RSA 508:4, I Introduction In BDP Holdings, LLC v. The Eideard Group, LLC &...
“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

“Record Sufficiency over Formality” – The West Virginia Supreme Court Narrows the Need for Written Findings in Habeas Appeals

Date: Aug 1, 2025
“Record Sufficiency over Formality”: West Virginia Supreme Court Clarifies When Oral and Incorporated Findings Can Sustain a Habeas Denial Introduction Robert C. v. Searls, No. 24-61 (W. Va. Jul. 30,...
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion

Date: Aug 1, 2025
State v. Brown (2025): Re-Labelling Previously Known Evidence as “Giglio Material” Does Not Revive an Untimely Rule 33 Motion Introduction State of West Virginia v. Michael E. Brown, Supreme Court of...
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (W. Va. 2025)

Date: Aug 1, 2025
Revocation of Rehabilitation Transparency as Grounds for Termination of Parental Rights – A Commentary on In re S.A. (Supreme Court of Appeals of West Virginia, 2025) Introduction The Supreme Court...
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025)

Date: Aug 1, 2025
Service Compliance ≠ Parental Fitness: West Virginia Supreme Court Re-affirms Termination Standard in In re K.S. and K.K-1 (2025) Introduction In re K.S. and K.K-1, No. 24-439 (July 30, 2025), marks...
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations

Date: Aug 1, 2025
Case Plan Compliance as Determinative: Supreme Court of West Virginia Holds that Violation of Improvement Period Terms Justifies § 49-4-604(c)(5) Disposition without New Allegations Introduction In...
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”:  A Commentary on In re P.F. and S.H.,  No. 24-354 (W. Va. 2025)

“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation”: A Commentary on In re P.F. and S.H., No. 24-354 (W. Va. 2025)

Date: Aug 1, 2025
“Inability to Comply Because of Incarceration Does Not Excuse Non-Participation” A Structured Commentary on the Supreme Court of Appeals of West Virginia’s Memorandum Decision in In re P.F. and S.H....
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases (In re B.S-S. and N.S., 2025)

Date: Aug 1, 2025
“No Home State, No Jurisdiction” – West Virginia Re-Affirms Mandatory UCCJEA Analysis in Abuse & Neglect Cases Commentary on In re B.S.-S. and N.S., Supreme Court of West Virginia, July 30 2025 1....
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025)

Date: Aug 1, 2025
Substantial Compliance Over Formal Specificity: West Virginia Supreme Court Clarifies Family-Case-Plan Requirements and Permissible Negative Inference – Comment on In re H.L. (2025) Introduction The...
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