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state Case Commentaries

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing

Date: Jul 22, 2025
Fletcher v. State: Florida Supreme Court Rejects “Reverse Jury Nullification” & Clarifies the Mitigation-Burden Framework in Capital Sentencing Introduction Case: Timothy W. Fletcher v. State of...
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive
          Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation – A Commentary on Toney Deron Davis v. State of Florida (2025)

Date: Jul 22, 2025
“Known-but-Unexamined” Evidence and the Due-Diligence Bar in Successive Post-Conviction Litigation A Commentary on Toney Deron Davis v. State of Florida, Supreme Court of Florida, No. SC2024-1128 (17...
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses Right-of-First-Refusal

Date: Jul 22, 2025
The Jackson Rule: Equity in Tax-Foreclosed Property Remains Protected When Government Uses the Right-of-First-Refusal Introduction In Louis Jackson v. Southfield Neighborhood Revitalization...
The “Zero-Surplus, Zero-Taking” Doctrine:  Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025)

Date: Jul 22, 2025
The “Zero-Surplus, Zero-Taking” Doctrine: Michigan Supreme Court’s Clarification in Yono v. County of Ingham (2025) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...
California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

California Supreme Court Clarifies That Differences in Jury-Trial Availability Do Not Invalidate Forum-Selection Clauses: EpicentRx, Inc. v. Superior Court (2025)

Date: Jul 22, 2025
Forum-Selection Clauses Are Not Void Simply Because the Chosen Forum Lacks Civil Jury Trials: EpicentRx, Inc. v. Superior Court (Cal. 2025) Introduction In EpicentRx, Inc. v. Superior Court, the...
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings

Date: Jul 22, 2025
Failure to Appear and Failure to Disclose Permit Income Attribution and Unequal Division: Zieroff Clarifies Trial Court Discretion and Appellate Record Presumptions in Default Divorce Hearings...
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules

Date: Jul 22, 2025
People v. Choyce: Harmless Use of Disapproved “Assume the Penalty Will Be Carried Out” LWOP Instruction; Reaffirmed Limits on Heat‑of‑Passion and Live‑Victim Rape Rules Introduction In People v....
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts

Date: Jul 19, 2025
“Beyond the Four Corners”: Florida Supreme Court Affirms Actionability of Implied Covenants in Public-University Contracts 1. Introduction Anthony Rojas, a graduate student at the University of...
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone

Date: Jul 19, 2025
“Proffer Is Not Evidence”: Kansas Supreme Court Limits K.S.A. 38-2248(f) and Bars Termination of Parental Rights Based on Proffer Alone Introduction In In re A.K., No. 127,259 (Kan. July 18, 2025),...
Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Post-Reprimand Statements and the Duty of Candor: The New Rokita Rule

Date: Jul 19, 2025
Post-Reprimand Statements and the Duty of Candor: The Indiana Supreme Court’s “Rokita II” Framework for Attorney Discipline Introduction In In the Matter of Theodore Edward Rokita (“Rokita II”), the...
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits

Date: Jul 19, 2025
State v. Cherry: COVID‑19 Delays Weighed Neutrally in Barker Analysis; Trial Judges Have Discretion Over the Duration of Displaying Admitted Exhibits Court: Supreme Court of Kansas Date: July 18,...
No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)

No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks (Dobens v. Fagnant)

Date: Jul 18, 2025
No Seasonal Exception to RSA 205-A:3 — Continuous Tenancy and 18-Month Change‑of‑Use Notice Required in Manufactured Housing Parks Dobens v. Fagnant, 2025 N.H. 31 (N.H. July 17, 2025) Introduction In...
People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions

People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions

Date: Jul 18, 2025
People v. Oyler: Clarifying Witherspoon–Witt Voir Dire After Leon and Applying Chapman Harmless Error to SB 1437 Instructional Omissions Introduction People v. Oyler is a capital case arising from a...
Minnesota Supreme Court Establishes Priority of Performing Construction Surety’s Equitable Subrogation Over Earlier Perfected UCC Security Interests; No Mistake-of-Fact Requirement

Minnesota Supreme Court Establishes Priority of Performing Construction Surety’s Equitable Subrogation Over Earlier Perfected UCC Security Interests; No Mistake-of-Fact Requirement

Date: Jul 17, 2025
Performing Construction Surety’s Equitable Subrogation Trumps Earlier Perfected UCC Security Interests — No Mistake-of-Fact Requirement Introduction In a significant decision for public construction...
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception

Date: Jul 17, 2025
Matter of Santos: Second Department Reaffirms Consent Discipline Parameters and a One‑Year Suspension Baseline for Attorney Neglect Coupled with Client Deception Introduction In Matter of Santos...
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs

Date: Jul 17, 2025
Interplay of SSL §409‑h and FCA §1055‑c Clarified: Courts Must Prove Actual Unavailability of Less Restrictive Placements Before Approving QRTPs Introduction This commentary analyzes the Appellate...
Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Commentary on Lapin v. Zeetogroup (2025 S.D. 36)

Date: Jul 17, 2025
Actual Physical Residency at Time of Receipt Required to Invoke South Dakota’s Anti‑Spam Statute: Lapin v. Zeetogroup (2025 S.D. 36) Court: Supreme Court of South Dakota | Date: July 16, 2025 |...
Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38)

Date: Jul 17, 2025
Causation Required for Juvenile Restitution: South Dakota Aligns Delinquency Restitution with Adult Standard in In re Interest of J.W. (2025 S.D. 38) Introduction In In the Interest of J.W., 2025...
Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict

Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict

Date: Jul 17, 2025
Courts Are Not Agencies: Loper Bright Does Not Trigger Minnesota’s Postconviction “New Interpretation of Law” Exception and the Two-Year Time Bar Remains Strict Introduction In Nantambu Noah Kambon...
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan

Date: Jul 17, 2025
Two-Year Medical Malpractice Repose Means Two Calendar Years Ending the Day Before the Anniversary: Paulsen v. Avera McKennan Introduction In Paulsen v. Avera McKennan, 2025 S.D. 37, the South Dakota...
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