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  • Commentaries
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state Case Commentaries

Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas

Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas

Date: Apr 25, 2025
Standby Counsel and Informed Waiver of Self-Representation: Dennis Hale v. State of Arkansas Introduction The Supreme Court of Arkansas’s decision in Dennis Hale v. State of Arkansas, 2025 Ark. 45,...
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown

Date: Apr 25, 2025
Quantity Element as Essential in Attempted Delivery Charges under N.D.C.C. § 19-03.1-23: State v. Brown Introduction State of North Dakota v. Taelor Brown (2025 ND 86) presents a critical...
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025)

Date: Apr 25, 2025
Admissibility of 911 Call Recordings as Nontestimonial Present Sense Impressions under the Confrontation Clause: State v. Burton (2025) 1. Introduction The Supreme Court of North Dakota’s decision in...
Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth

Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth

Date: Apr 25, 2025
Extension of the Old Chief Principle to First-Degree Bail Jumping: Wynn v. Commonwealth Introduction Elvis Wynn v. Commonwealth of Kentucky, 2025-SC-0573-MR (Ky. Apr. 24, 2025), addresses two pivotal...
“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

“Expanding Corroboration” – Matter of Jahkell SS. (2025): Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings

Date: Apr 25, 2025
“Expanding Corroboration” – Matter of Jahkell SS. (Victoria SS.) (2025) Negative Inference and Minimal Corroboration Re-affirmed in Article 10 Neglect Proceedings Introduction Matter of Jahkell SS....
Probation Tolling Jurisdiction: Court-Order Requirement under KRS 533.020(4)

Probation Tolling Jurisdiction: Court-Order Requirement under KRS 533.020(4)

Date: Apr 25, 2025
Probation Tolling Jurisdiction: Court-Order Requirement under KRS 533.020(4) Introduction In Commonwealth of Kentucky v. Darryl Ellery, the Kentucky Supreme Court clarified the jurisdictional limits...
Haleman v. Kentucky: Defining the Limits of Expert Hearsay and Palpable-Error Review in Child-Abuse Trials

Haleman v. Kentucky: Defining the Limits of Expert Hearsay and Palpable-Error Review in Child-Abuse Trials

Date: Apr 25, 2025
Haleman v. Commonwealth of Kentucky: Defining the Limits of Expert Hearsay and Palpable-Error Review in Child-Abuse Trials Introduction In Mark Haleman v. Commonwealth of Kentucky, the Supreme Court...
Mandatory Disbarment for Criminal Misconduct and Failure to Cooperate: In re Brinker

Mandatory Disbarment for Criminal Misconduct and Failure to Cooperate: In re Brinker

Date: Apr 25, 2025
Mandatory Disbarment for Criminal Misconduct and Failure to Cooperate: In re Brinker Introduction In In re: Dale Anthony Brinker, the Supreme Court of Kentucky considered the Board of Governors’...
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

Date: Apr 25, 2025
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6) Introduction In State v. Lee, 373 Or 555 (2025), the Supreme Court of Oregon considered whether Oregon’s statutory...
Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin

Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin

Date: Apr 25, 2025
Consent Discipline Guidelines for Judicial Officers with Multiple Ethics Violations: In Re David Curlin Introduction In In Re: David Curlin, 2025-SC-0082-KB (Ky. 2025), the Supreme Court of Kentucky...
Clarifying Trial Court’s Authority to Correct Invalid Sentences Before Finality

Clarifying Trial Court’s Authority to Correct Invalid Sentences Before Finality

Date: Apr 25, 2025
Clarifying Trial Court’s Authority to Correct Invalid Sentences Before Finality Introduction State of Nebraska v. Keloni Jones, 318 Neb. 840 (2025), addresses a question of fundamental importance in...
Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests

Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests

Date: Apr 25, 2025
Holte v. Rigby: Limits on Offsetting Successor Life Beneficiaries’ Vested Income Interests Introduction Holte v. Rigby, 2025 ND 77 (N.D. 2025), arises from alleged misappropriation of trust income by...
Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence

Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence

Date: Apr 25, 2025
Clarifying the Property-Owner Rule’s Supremacy Over Hearsay Valuation Evidence Introduction In State v. Ziegler, 2025 ND 78, the Supreme Court of North Dakota confronted two central issues on appeal:...
Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges

Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges

Date: Apr 25, 2025
Affirming Probable Cause through Hearsay and Inference in Terrorizing Charges Introduction In State v. Lafromboise, 2025 ND 81, the Supreme Court of North Dakota clarified the standard for...
Distinct Scrutiny Standard for Privately Initiated Termination of Parental Rights in Nevada

Distinct Scrutiny Standard for Privately Initiated Termination of Parental Rights in Nevada

Date: Apr 25, 2025
Distinct Scrutiny Standard for Privately Initiated Termination of Parental Rights in Nevada Introduction In re Parental Rights as to R.A.S., 141 Nev. Advance Opinion 20 (Apr. 24, 2025), addresses a...
Permissible Regulation of Concealed Carry and Firearm Serialization Post-Bruen

Permissible Regulation of Concealed Carry and Firearm Serialization Post-Bruen

Date: Apr 25, 2025
Permissible Regulation of Concealed Carry and Firearm Serialization Post-Bruen Introduction In Cocking (Samuel) v. State, 141 Nev., Advance Opinion 21 (Apr. 24, 2025), the Supreme Court of Nevada...
Flight and Resistance to Arrest as Consciousness of Guilt: Admissibility Under KRE 404(b)

Flight and Resistance to Arrest as Consciousness of Guilt: Admissibility Under KRE 404(b)

Date: Apr 25, 2025
Flight and Resistance to Arrest as Consciousness of Guilt: Admissibility Under KRE 404(b) Introduction In Richard Gray v. Commonwealth of Kentucky, the Supreme Court of Kentucky reviewed the appeal...
Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims

Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims

Date: Apr 25, 2025
Per Se Justification of a Property Owner’s Right to Exclude in Tortious Interference Claims Introduction In In the Matter of the Certified Question: Diamond Quality, Inc. v. Dana Light Axle Products,...
Clarifying Palpable Error Review for Expert Testimony on Victim-Perpetrator Intimacy and Prosecutorial Rebuttal in Kentucky Murder Appeals

Clarifying Palpable Error Review for Expert Testimony on Victim-Perpetrator Intimacy and Prosecutorial Rebuttal in Kentucky Murder Appeals

Date: Apr 25, 2025
Clarifying Palpable Error Review for Expert Testimony on Victim-Perpetrator Intimacy and Prosecutorial Rebuttal in Kentucky Murder Appeals Introduction The Supreme Court of Kentucky’s unpublished...
Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S.

Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S.

Date: Apr 25, 2025
Deference to Juvenile Courts in Termination Cases: Applying the Strictly Necessary Standard in In re D.S. Introduction The Supreme Court of Utah’s decision in In re D.S., 2025 UT 11, clarifies how...
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