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  • Commentaries
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state Case Commentaries

Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act

Date: Apr 26, 2025
Reaffirmation of Formal Application Prerequisites for Voluntary Inpatient Admission Under Pennsylvania’s Mental Health Procedures Act Introduction Estate of Frederick v. Alley Medical Center is a...
Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42

Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42

Date: Apr 26, 2025
Rigorous Enforcement of Interlocutory Appeal Deadlines Under Delaware Supreme Court Rule 42 Introduction This commentary examines the Delaware Supreme Court’s decision in Edward S. Lampert v. Cannon...
Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60

Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60

Date: Apr 26, 2025
Exclusivity of Statutory Tax‐Deed Remedies Under WV Code §11A-3-60 Introduction Jay Folse v. G. Russell Rollyson and Mark A. Hunt, decided April 25, 2025 by the Supreme Court of Appeals of West...
Appealability of Orders Granting New Trials in Postconviction Proceedings

Appealability of Orders Granting New Trials in Postconviction Proceedings

Date: Apr 25, 2025
Appealability of Orders Granting New Trials in Postconviction Proceedings Introduction The Supreme Court of Illinois decided People v. Harris (2025 IL 130351) on April 24, 2025. Ralph Harris had been...
Causation in Medical Negligence: Admission vs. Observation Clarified

Causation in Medical Negligence: Admission vs. Observation Clarified

Date: Apr 25, 2025
Causation in Medical Negligence: Admission vs. Observation Clarified Introduction This commentary examines the Supreme Court of Mississippi’s decision in United Emergency Services of Mississippi,...
Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss”

Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss”

Date: Apr 25, 2025
Insureds’ Authority to Allocate PIP Benefits Within “Elements of Loss” Introduction Erie Insurance Exchange v. Megan Johnson, decided April 24, 2025 by the Supreme Court of Kentucky, clarifies the...
Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement

Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement

Date: Apr 25, 2025
Extension of the Prison Mailbox Rule to Collateral Appeals: Remedy for Mail Mismanagement Introduction This commentary examines the Supreme Court of Kentucky’s April 24, 2025 decision in Bradley...
Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea

Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea

Date: Apr 25, 2025
Defining the Scope of Appealable Sentencing Discretion After a Conditional Guilty Plea Introduction Michael S. Montgomery v. Commonwealth of Kentucky (2025) is a Supreme Court of Kentucky decision...
Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law

Date: Apr 25, 2025
Refining Jury Instructions: Self-Protection Threshold and Combination Kidnapping Instructions under Kentucky Law Introduction The case of Dillon Brewster v. Commonwealth of Kentucky (2025-SC-0281-MR)...
Haynie v. Arkansas: Specificity in Directed-Verdict Motions and Photographic Motive Evidence

Haynie v. Arkansas: Specificity in Directed-Verdict Motions and Photographic Motive Evidence

Date: Apr 25, 2025
Haynie v. State of Arkansas (2025 Ark. 46): Specificity in Directed-Verdict Motions and Photographic Motive Evidence Introduction The Supreme Court of Arkansas’s decision in Elizabeth Haynie v. State...
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132

Date: Apr 25, 2025
Mandatory Pretrial Detention for Dangerous Crimes: Amendment to Florida Rule of Criminal Procedure 3.132 Introduction This commentary examines the Supreme Court of Florida’s April 3, 2025, opinion in...
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87)

Date: Apr 25, 2025
Due Process and Time Constraints in Family Law Hearings: Zittleman v. Bibler (2025 ND 87) Introduction Zittleman v. Bibler is a 2025 decision by the Supreme Court of North Dakota addressing two...
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10)

Date: Apr 25, 2025
Standard for Virtual Jury Selection and County‐Based Venire Limits under State v. Richins (2025 UT 10) Introduction In State v. Richins, 2025 UT 10, the Utah Supreme Court resolved two interlocutory...
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility

Date: Apr 25, 2025
In re Huff: Traditional Domicile Test, Not Election Code §704(d), Governs Judicial Candidate Eligibility Introduction In In re Nomination Petition of Huff; Appeal of Huff, 2025 PA 24 (Pa. 2025), the...
Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Constitutional Limits on Venue Restrictions for State Constitutional Challenges

Date: Apr 25, 2025
Constitutional Limits on Venue Restrictions for State Constitutional Challenges Introduction In Piasa Armory, LLC v. Raoul (2025 IL 130539), the Illinois Supreme Court addressed the constitutionality...
People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims

Date: Apr 25, 2025
People v. Yankaway: Automatic Commencement of 160-Day Speedy-Trial Term Under Section 103-5(e) and the Prejudice Requirement in Ineffective Assistance Claims Introduction The Supreme Court of...
Partial Remission Standards in Bond Forfeiture: Gustke v. State of Wyoming

Partial Remission Standards in Bond Forfeiture: Gustke v. State of Wyoming

Date: Apr 25, 2025
Partial Remission Standards in Bond Forfeiture: In the Matter of the Bond Forfeiture of Karl Grant Gustke Introduction This commentary examines the Wyoming Supreme Court’s decision in John Gustke v....
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton

Date: Apr 25, 2025
Enforcing SCR 3.130: Suspension for Failure of Diligence and Client Protection in In Re: Steven O. Thornton Introduction In In Re: Steven O. Thornton (2025-SC-0069-KB), the Supreme Court of Kentucky...
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests

Date: Apr 25, 2025
Clarifying “Reasonable Opportunity” to Consult Counsel Before Chemical Testing in DUI Arrests Introduction The Supreme Court of North Dakota’s decision in Skobodzinski v. NDDOT, 2025 ND 84, addresses...
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt

Date: Apr 25, 2025
Enforcement of Vexatious-Litigant Pre-Filing Orders Through Contempt Introduction The Supreme Court of North Dakota’s decision in Matter of Emelia Hirsch Trust, 2025 ND 79, confronts the tension...
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