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state Case Commentaries

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...
Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009

Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009

Date: Apr 25, 2025
Eligibility for Resentencing Under Section 1172.6 for Provocative Act Murder Convictions Pre-2009 Introduction People v. Antonelli, decided April 24, 2025 by the Supreme Court of California,...
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims

Date: Apr 25, 2025
The Ocasio Sincerity Test: Clarifying Religious Exemption Standards in Vaccine-Related Unemployment Claims Introduction In Matter of Ocasio (City Sch. Dist. of the City of N.Y.—Commissioner of...
Guarding Against “Placement-by-Prosecution”:  Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings

Date: Apr 25, 2025
Guarding Against “Placement-by-Prosecution”: Matter of A. WW. and the Expanded Use of Interest-of-Justice Dismissals in Juvenile Delinquency Proceedings Introduction The Third Department’s 2025...
Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Authenticity vs. Authority – DiCenzo v. Mone Clarifies the “Forged-Deed” Exception and Non-Party Tax Return Subpoenas

Date: Apr 25, 2025
Authenticity vs. Authority: DiCenzo v. Mone (2025) Narrows the Forged-Deed Exception to the Fraud Statute of Limitations and Sets Parameters for Subpoenaing Non-Party Tax Returns 1. Introduction...
Idaho Precedent on Utility Authority to Replace Meters under Tariff Provisions

Idaho Precedent on Utility Authority to Replace Meters under Tariff Provisions

Date: Apr 25, 2025
Idaho Precedent on Utility Authority to Replace Meters under Tariff Provisions Introduction In Edwards v. Idaho Public Utilities Commission, 2025-ID-SC-51238, the Idaho Supreme Court addressed...
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification

Date: Apr 25, 2025
Clarifying Intent in Attempted First Degree Murder: Intent to Kill Without Lawful Justification Introduction In People v. Guy, 2025 IL 129967, the Illinois Supreme Court addressed a fundamental...
Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law

Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law

Date: Apr 25, 2025
Inferred Intent through Weapon Discharge and Reloading: Clarifying Attempted Murder Under Mississippi Law Introduction The Supreme Court of Mississippi’s decision in Damaris Quinn a/k/a Demaris Quinn...
Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49)

Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49)

Date: Apr 25, 2025
Enforcement of Appellate Procedure Compliance for Pro Se Litigants: Hemmer v. City of Casper Police Department (2025 WY 49) Introduction In Hemmer v. City of Casper Police Department, 2025 WY 49, the...
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error

Date: Apr 25, 2025
Prohibiting Inferences from Defendant’s Counsel Consultations as Palpable Error Introduction The Supreme Court of Kentucky’s decision in Justin Wischer v. Commonwealth of Kentucky establishes a...
Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions

Date: Apr 25, 2025
Misrepresentation to Secure Bond Reduction in Criminal Proceedings: Standards for Disciplinary Sanctions Introduction In In Re: Michael Joseph Beattie, the Supreme Court of Kentucky considered...
Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents

Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents

Date: Apr 25, 2025
Kentucky’s Authority to Protect Fleeing Domestic-Violence Victims and Children Against Non-Resident Respondents Introduction Alyssa Baum v. Justin Aldava presented before the Supreme Court of...
Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15

Date: Apr 25, 2025
Due Process in Foreclosure: Service on Known and Unknown Heirs under NM § 39-5-15 Introduction The Supreme Court of New Mexico’s decision in BOKF, N.A. v. Pacheco (2025) revisits fundamental due...
Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments

Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments

Date: Apr 25, 2025
Collateral Estoppel Bars Post-Foreclosure Challenges Following District Court Possession Judgments Introduction This commentary examines the Rhode Island Supreme Court’s order in Modupe Osifodunrin...
Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment

Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment

Date: Apr 25, 2025
Gates v. Hudson: Requiring Detailed Prima Facie Evidence for Tax Liability on Summary Judgment Introduction The decision in Michael W. Gates and Susan J. Gates v. Jim Hudson, Secretary, Department of...
Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510

Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510

Date: Apr 25, 2025
Factual Substantiation Requirement for Nontechnical Probation Violations under NRS 176A.510 Introduction This commentary examines the Supreme Court of Nevada’s decision in Sheridan (Quashawn) v....
Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations

Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations

Date: Apr 25, 2025
Exemption of Temporary Use Permits on State Trust Lands from County Land-Use Regulations Introduction In Teton County Board of County Commissioners v. State of Wyoming, Board of Land Commissioners...
Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin

Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin

Date: Apr 25, 2025
Post-SB 1437 Aider-and-Abettor Liability: Direct Intent Requirement and Harmless Error in People v. Hin Introduction People v. Hin (S141519, San Joaquin Co. Super. Ct. No. SF090168B) is the...
Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668

Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668

Date: Apr 25, 2025
Invalidity of Damage Limitations for Willful Injury Under California Civil Code §1668 Introduction The Supreme Court of California’s decision in New England Country Foods, LLC v. VanLaw Food...
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