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  • Commentaries
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state Case Commentaries

Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims

Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims

Date: Apr 11, 2025
Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims Introduction Jason Meredith v. State of Arkansas (2025 Ark. 38) presents two...
Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Date: Apr 11, 2025
Limitation on Compelling Victim Testimony at Rape Shield Hearings Introduction State of Utah v. Seth Clark Jolley, 2025 UT 9, is an interlocutory appeal decided by the Utah Supreme Court on April 10,...
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Date: Apr 11, 2025
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell Introduction In People v. Farrell (2025 NYSlipOp 02100), the New York Court of Appeals addressed the sufficiency of an...
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Date: Apr 11, 2025
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105) Introduction Angello v. Angello, decided on April 10, 2025 by the Appellate...
Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings

Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings

Date: Apr 11, 2025
Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Steven D. Johnson...
Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants

Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants

Date: Apr 11, 2025
Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants Introduction In People v Taylor and People v Czarnecki, the Michigan Supreme...
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Date: Apr 11, 2025
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness Introduction In State v. J.H.-M., the Supreme Court of Washington addressed whether a...
Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank

Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank

Date: Apr 11, 2025
Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank Introduction Kenneth W. Tilley, individually and as trustee of the Kenneth Tilley Family Trust,...
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Date: Apr 11, 2025
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75 Introduction In State v. Allman, 2025 ND 75, the Supreme Court of North Dakota addressed...
Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act

Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act

Date: Apr 11, 2025
Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act Introduction Oconomowoc Area School District v. Gregory L. Cota is a 2025 Wisconsin...
Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions

Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions

Date: Apr 11, 2025
Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions Introduction The Supreme Court of Rhode Island’s decision in Congregation Shearith Israel v. Congregation...
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Date: Apr 11, 2025
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services Introduction In Matter of Lawyers for Children et al. v. New York State Office of Children and...
Bona Fide Termination Requirement for Article 15 Retirement Benefits

Bona Fide Termination Requirement for Article 15 Retirement Benefits

Date: Apr 11, 2025
Bona Fide Termination Requirement for Article 15 Retirement Benefits Introduction Matter of Radwan v. DiNapoli, 2025 NYSlipOp 02118 (App. Div. 3d Dep’t Apr. 10, 2025) addresses whether a...
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Date: Apr 11, 2025
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson Introduction Shook v. Wilson, decided April 10, 2025 by the Supreme Court of New Mexico, clarifies when a state may...
Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State

Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State

Date: Apr 11, 2025
Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State Introduction In Talley (Charles) v. State, No. 87471-COA (Nev. Ct. App. Apr. 10, 2025), the Nevada Court of Appeals reviewed...
Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers

Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers

Date: Apr 11, 2025
Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers Introduction The cases People v. Czarnecki (Docket No. 166654) and People v. Taylor (Docket No....
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Date: Apr 11, 2025
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause Introduction Poulson v. Commonwealth, decided on April 10, 2025 by the Supreme Court of Virginia, addresses two intertwined...
Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications

Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications

Date: Apr 10, 2025
Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications Introduction The Supreme Court of Ohio’s decision in State ex rel. Mauk v. Sheldon, 2025-Ohio-1221,...
Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Date: Apr 10, 2025
Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G. Introduction In April 2025, the Alaska Supreme Court considered an appeal from Lawrence G. (“L.G.”), who was...
Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State

Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State

Date: Apr 10, 2025
Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State Introduction This commentary examines the Nevada Court of Appeals’ Order of Affirmance in Wilbert Knight v....
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