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State v. Iverson: Strategic Waiver Bars Golding Review of Confrontation Challenges to Nontestifying Autopsy Authors; Whistnant Requires a Real Dispute Between Intent and Recklessness Court: Supreme...
“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...
State v. Villanueva: Evidentiary Predicate for Investigative-Inadequacy Instructions; No Per Se Suppression for § 54-1p Warning Omissions; Autopsy Photographs Are Nonhearsay for Confrontation...
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island 1. Introduction Case: State v. Andrew Mangru, Nos....
Clark v. Department of Rehabilitation & Correction (2025-Ohio-2473): Ohio Supreme Court Reaffirms the State’s Non-Delegable Duty to Retrieve and Produce Public Records Held by Private Prison...
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions 1. Introduction Bell v. State, 52104...
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...
Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2) Case: Michigan Republican Party and Republican National Committee v. Donahue, Kim, and Kaake (Genesee...
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b) Introduction State v. Olayinka Alege,...
“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025) Introduction State v. Moore, decided by the...
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality Introduction The case of Michigan Republican Party & Republican...
From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico Introduction Aragon v. Martinez, consolidated with...
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025) Introduction Johnson v. State, No. 320, 2024 (Del. July 14, 2025) tackles a...
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees 1. Introduction In In the Matter of the...
Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception Commentary on Aleksandra Veljovic v. TD Bank, N.A., 2025 VT 38 (Vt. July 11, 2025) 1....
The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont 1. Introduction Allen Pigeon v. Hazen Stone and numerous State defendants presented the...
“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt Introduction Cindy Gaines v. Edmund Gaines,...