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state Case Commentaries

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21)

Date: Jul 30, 2025
Implicit Remand and Mandatory Restitution: The Precedential Impact of State v. Blake (2025 UT 21) Introduction In State v. Blake, the Utah Supreme Court resolved a recurrent procedural quandary: When...
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24

Date: Jul 30, 2025
“Spousal-Imputed Domicile” Survives Constitutional Review: Commentary on Tischmak v. Utah State Tax Commission, 2025 UT 24 1. Introduction Utah’s Supreme Court, in Tischmak v. Utah State Tax...
“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry

“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry

Date: Jul 30, 2025
“Speculation Is Not Probable Cause” – The Michigan Supreme Court’s Implicit Re-affirmation of Robust Gatekeeping at the Preliminary Examination in People v. Amaree Darvell Terry 1. Introduction On 25...
“Adequate Findings Doctrine” in Petroleum-Cleanup Reimbursement Appeals: The Vermont Supreme Court’s Guidance in In re Cote/Maquam Shore Market (2025 VT 42)

“Adequate Findings Doctrine” in Petroleum-Cleanup Reimbursement Appeals: The Vermont Supreme Court’s Guidance in In re Cote/Maquam Shore Market (2025 VT 42)

Date: Jul 30, 2025
“Adequate Findings Doctrine” in Petroleum-Cleanup Reimbursement Appeals: Guidance from the Vermont Supreme Court in In re Cote/Maquam Shore Market (2025 VT 42) 1. Introduction This commentary...

        State v. LaGore: Vermont Supreme Court Tightens Relevance Standard for Admitting a Child-Victim’s Prior Allegations Against Third Parties

State v. LaGore: Vermont Supreme Court Tightens Relevance Standard for Admitting a Child-Victim’s Prior Allegations Against Third Parties

Date: Jul 30, 2025
State v. LaGore: Vermont Supreme Court Tightens Relevance Standard for Admitting a Child-Victim’s Prior Allegations Against Third Parties Introduction In State v. Andy LaGore, 2025 VT 41, the Vermont...

The “Effective Termination” Doctrine: Merithew v. City of Omaha (2025) and the Expanded Definition of Adverse Employment Action Under the NFEPA

The “Effective Termination” Doctrine: Merithew v. City of Omaha (2025) and the Expanded Definition of Adverse Employment Action Under the NFEPA

Date: Jul 30, 2025
The “Effective Termination” Doctrine: Merithew v. City of Omaha (319 Neb. 551, 2025) and the Expanded Definition of Adverse Employment Action Under the Nebraska Fair Employment Practice Act...
State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice

State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice

Date: Jul 30, 2025
State v. Dolinar: Permanent Waiver of Nebraska’s Statutory Speedy-Trial Right by Defense-Requested Continuance & Expanded Use of Judicial Notice Introduction On 25 July 2025, the Nebraska Supreme...
No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511)

No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511)

Date: Jul 30, 2025
No Automatic Prejudice for Material Discovery Violations & Unified Standard for Speedy-Trial Review: A Commentary on State v. Ramos (319 Neb. 511) Introduction State v. Ramos, 319 Neb. 511 (Neb. Sup....
“Successive Replacement” under Alaska’s Ranked-Choice Voting – A Commentary on Alaska Democratic Party & Thorne v. Beecher (2025)

“Successive Replacement” under Alaska’s Ranked-Choice Voting – A Commentary on Alaska Democratic Party & Thorne v. Beecher (2025)

Date: Jul 30, 2025
“Successive Replacement” under Alaska’s Ranked-Choice Voting Comprehensive Commentary on Alaska Democratic Party and Anita Thorne v. Director Carol Beecher, et al. Supreme Court of Alaska, Opinion...
“Direct-Appeal Rule” for Alaska Adoptions: Only a Direct Appeal of the Decree Tolls AS 25.23.140(b)

“Direct-Appeal Rule” for Alaska Adoptions: Only a Direct Appeal of the Decree Tolls AS 25.23.140(b)

Date: Jul 30, 2025
“Direct-Appeal Rule” for Alaska Adoptions: Only a Direct Appeal of the Decree Tolls AS 25.23.140(b) Introduction This commentary examines the Alaska Supreme Court’s decision in In re Adoption of C.R....
Beyond the Interstate Compact: Alaska Supreme Court Holds ICPC Inapplicable When a Child Is Properly Released to a Parent Under AS 47.14.100(p)

Beyond the Interstate Compact: Alaska Supreme Court Holds ICPC Inapplicable When a Child Is Properly Released to a Parent Under AS 47.14.100(p)

Date: Jul 30, 2025
Beyond the Interstate Compact: Alaska Supreme Court Holds ICPC Inapplicable When a Child Is Properly Released to a Parent Under AS 47.14.100(p) Introduction Native Village of Saint Michael v. State...
“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions

“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions

Date: Jul 30, 2025
“Futility over Formality” – The Michigan Supreme Court Curtails Remand after Vacated Summary-Contempt Convictions Introduction In In re Contempt of Kathy H. Murphy, the Michigan Supreme Court...
“Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA” – A Commentary on Janetsky v County of Saginaw (Mich. 2025)

“Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA” – A Commentary on Janetsky v County of Saginaw (Mich. 2025)

Date: Jul 30, 2025
Clarifying Public-Policy Retaliatory Discharge & Employer Status under Michigan’s WPA – A Structured Commentary on Janetsky v. County of Saginaw, 508 Mich ___ (2025) 1. Introduction The Michigan...
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors

Date: Jul 30, 2025
Gustave v. State — Clarifying Jury Access to a Defendant’s Recorded Admissions and the Threshold for Mistrial/New-Trial Relief after Exhibit Errors Introduction Gustave v. State, No. 382, 2024 (Del....
Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris)

Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris)

Date: Jul 30, 2025
Preserving Parties’ Rights, Not the “Status Quo”: Appellate Stays and Gift Clause Limits on No‑Strings‑Attached Cash Programs in In re The State of Texas (Uplift Harris) I. Introduction A. Background...
Clarifying Rational-Basis Review in Oregon Tax Classifications:  Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Date: Jul 29, 2025
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Ryan v. Sea Colony: Pleading-Stage Burden to Prove Agency When Enforcing Liability Waivers

Date: Jul 29, 2025
Ryan v. Sea Colony (Del. 2025): Delaware Supreme Court Clarifies that Defendants Must Plead—and Ultimately Prove—Agency Before Invoking Third-Party Liability Waivers Introduction Colleen Ryan, a...
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220

Date: Jul 29, 2025
No “Lucid Purpose” Filter: Delaware Supreme Court Re-Affirms the Low “Credible-Basis” Threshold Under 8 Del. C. § 220 Introduction In Roberta Ann K.W. Wong Leung Revocable Trust U/A Dated 03/09/2018...
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries

Date: Jul 27, 2025
“Probing, Public & Particular” – The New Jersey Supreme Court’s Mandatory Protocol for Mid-Trial Juror-Misconduct Inquiries 1. Introduction State v. Ebenezer Byrd; Jerry J. Spraulding; Gregory A....
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant

Date: Jul 26, 2025
“No Finality, No Appeal” – The Guam Supreme Court Confirms that a Dismissal Without Prejudice is Not Immediately Appealable by a Criminal Defendant 1. Introduction The People of Guam v. Bruno Frankie...
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