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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, Supreme Court of Florida, No. SC2024-1128 (17...
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) Introduction On 16 July 2025, the Supreme Court of Michigan delivered a unanimous...
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...
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 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 Introduction In In re A.K., No. 127,259 (Kan. July 18, 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 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, 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 Introduction People v. Oyler is a capital case arising from a...
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 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 Introduction This commentary analyzes the Appellate...
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) 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 Introduction In Nantambu Noah Kambon...
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...