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  • Commentaries
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state Case Commentaries

Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Strict Compliance with Montana Service-of-Process Rules: Warner v. State

Date: Apr 23, 2025
Strict Compliance with Montana Service-of-Process Rules: Warner v. State Introduction Warner v. State, decided by the Supreme Court of Montana on April 22, 2025 (2025 MT 80N), arose from a pro se...
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation

Date: Apr 23, 2025
Integral Repair Services as Employment: Borrson v. Weeks and the Relative Nature Test in Hawaiʻi Workers’ Compensation 1. Introduction In Borrson v. Weeks (Haw. 2025), the Hawaiʻi Supreme Court...
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections

Date: Apr 23, 2025
Clarification of Sentencing Enhancements Under West Virginia Code §60A-4-408: Fact of Prior Conviction and PSR Objections Introduction The Supreme Court of Appeals of West Virginia in State of West...
Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Due Process Confrontation Balancing in Probation Revocation: State v. Wade

Date: Apr 23, 2025
Due Process Confrontation Balancing in Probation Revocation: State v. Wade Introduction The Connecticut Supreme Court’s decision in State of Connecticut v. Jaquan Wade (SC 20983, decided April 22,...
Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Affirmation of Res Judicata in Successive Habeas Corpus Petitions

Date: Apr 23, 2025
Affirmation of Res Judicata in Successive Habeas Corpus Petitions Introduction In Michael Dewayne Hicks v. Donald Ames, Superintendent, the Supreme Court of Appeals of West Virginia addressed the...
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier

Date: Apr 23, 2025
Res Ipsa Loquitur for Fixture-Based Premises Liability: Indiana’s New Frontier Introduction In Kiera Isgrig v. Trustees of Indiana University (Ind. 2025), the Indiana Supreme Court for the first time...
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Date: Apr 23, 2025
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State) Introduction Washington v. State, decided April 22, 2025 by the Supreme Court of Delaware,...
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Date: Apr 23, 2025
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge Introduction In State v. Rutledge, 2025 MT 79N, the Supreme Court of Montana addressed...
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Date: Apr 23, 2025
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel Introduction This commentary examines the Supreme Court of...
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Date: Apr 23, 2025
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations Introduction In Matter of L.S., Youth (2025 MT 77), the Supreme Court of Montana considered whether a...
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Date: Apr 23, 2025
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law Introduction In Choteau Acantha Publishing, Inc. and Montana Free Press v. Greg Gianforte and Jennifer Stutz (2025 MT 76),...
Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment

Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment

Date: Apr 23, 2025
Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment Introduction Christopher Couch v. State of Oklahoma ex rel. Dept. of Public Safety (2025 OK 26) presented...
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Date: Apr 23, 2025
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment

Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment

Date: Apr 23, 2025
Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment Introduction In LGM Holdings, LLC v. Gideon Schurder, 290 A.3d 1 (Del. 2025), the Delaware...
Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Date: Apr 23, 2025
Temporary Physical Custodianship and the Inference of Sexual Gratification under West Virginia Sexual Abuse Statutes Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Date: Apr 22, 2025
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act Introduction Ferlic v. Mesilla Valley Regional Dispatch Authority, decided April 21, 2025 by the Supreme Court of...
Extension of Freestanding Actual Innocence Claims to Plea Convictions

Extension of Freestanding Actual Innocence Claims to Plea Convictions

Date: Apr 22, 2025
Extension of Freestanding Actual Innocence Claims to Plea Convictions Introduction This commentary examines the Supreme Court of New Mexico’s decision in State v. Green, No. S-1-SC-39283 (Apr. 21,...
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

Date: Apr 22, 2025
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule Introduction In Mid-Century Insurance Company, as subrogee of Masterpiece Kitchen, v. HIVE Construction, Inc. (2025 CO...
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Date: Apr 22, 2025
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute Introduction In State of West Virginia v. Corbett Maurice Carter (No. 23-277, decided April 21, 2025),...
Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence

Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence

Date: Apr 22, 2025
Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence Introduction William Corey Holliday v. The State of Wyoming, 2025 WY 44, is a Wyoming Supreme Court...
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