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  • Commentaries
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state Case Commentaries

Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement

Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement

Date: Apr 10, 2025
Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement Introduction In Tirso Munguia v. The State of Wyoming (2025 WY 43), the Wyoming Supreme...
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Date: Apr 10, 2025
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction Introduction This commentary examines the Appellate Division, Second Department’s decision in...
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Date: Apr 10, 2025
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina Introduction In In the Matter of Michael George Hostilo, the Supreme Court of South Carolina...
Reaffirming Specificity in Fair‐Cross-Section Challenges and Strickland Standards: Kern v. State

Reaffirming Specificity in Fair‐Cross-Section Challenges and Strickland Standards: Kern v. State

Date: Apr 10, 2025
Reaffirming Specificity in Fair-Cross-Section Challenges and Strickland Standards: Kern v. State Introduction In Kern v. State, 2025 WL ___ (Nev. Apr. 9, 2025), the Nevada Supreme Court affirmed the...
Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases

Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases

Date: Apr 10, 2025
Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases Introduction In Davis (Hasan) v. State, No. 88543-COA (Nev. Ct. App. Apr. 9, 2025), the...
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Date: Apr 10, 2025
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025) Introduction In People v. Edmondson, 2025 NYSlipOp 02083 (App. Div. 2d Dep’t Apr. 9, 2025), the Appellate Division of the...
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Date: Apr 10, 2025
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule Introduction In Auquilla v. Villa (2025 NYSlipOp 02053), the Appellate Division, Second Department, addressed...
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

Date: Apr 10, 2025
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges Introduction In McCombie v. Illinois State Board of Elections (2025 IL 131480), the Illinois...
De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals

De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals

Date: Apr 10, 2025
De Novo Review and the Presumption of Validity in Municipal Special Assessment Appeals Introduction KJD, LLC v. City of Tea, 2025 S.D. 22, is a Supreme Court of South Dakota decision addressing a...
Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42)

Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42)

Date: Apr 10, 2025
Equitable Discretion in Retroactive Child Support and Equity-Based Home Valuation: Lewis v. Lewis (2025 WY 42) Introduction In the case of Laura Marie Lewis v. Ryan Ike Lewis (2025 WY 42), the...
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice

Date: Apr 10, 2025
Clarifying Summary Judgment Standards and Physician-Patient Relationship in Medical Malpractice Introduction Mathura v. Makaryus, 2025 NY Slip Op 02063 (App. Div. 2d Dept. Apr. 9, 2025), arises from...
Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies

Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies

Date: Apr 10, 2025
Statutory Management Rights Under § 42-56-10 Excuse Duty to Bargain Over Absenteeism Policies Introduction State of Rhode Island, Department of Corrections v. Rhode Island State Labor Relations Board...
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance

Date: Apr 10, 2025
Establishing Neglect Through Excessive Corporal Punishment and Medical/Mental Health Noncompliance Introduction This commentary addresses the Appellate Division, Second Department’s decision in...
Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c)

Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c)

Date: Apr 9, 2025
Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c) Introduction State v. Cleveland and State v. Williams were consolidated appeals decided by the Supreme...
Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence: Kingdom v. State

Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence: Kingdom v. State

Date: Apr 9, 2025
Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence Introduction In the case of Kingdom v. State, decided April 8, 2025 by the Supreme Court of Georgia, defendant...
Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State

Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State

Date: Apr 9, 2025
Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State Introduction Ballard v. State, decided April 8, 2025 by the Supreme Court of Georgia,...
Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common‐Law Certiorari

Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common‐Law Certiorari

Date: Apr 9, 2025
Reasonableness and Limited Judicial Review: Deference to WIAA Rule Interpretation under Common-Law Certiorari Introduction Case: Hayden Halter, et al. v. Wisconsin Interscholastic Athletic...
Equitable Enforcement of Frustrated Property Settlements: In re Morse

Equitable Enforcement of Frustrated Property Settlements: In re Morse

Date: Apr 9, 2025
Equitable Enforcement of Frustrated Property Settlements: In re Morse Introduction In the Matter of Anne Morse and Frank Morse (Supreme Court of New Hampshire, April 8, 2025) addresses the remedies...
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control

Date: Apr 9, 2025
County Prosecutorial Authority under § 1983: Hawaiʻi Supreme Court Clarifies County vs. State Control Introduction In McGuire v. County of Hawaiʻi, 2025 WL XXXX (Haw. 2025), the Hawaiʻi Supreme Court...
Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b)

Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b)

Date: Apr 9, 2025
Pattern of Repeated OWI Offenses Constitutes Professional Misconduct under SCR 20:8.4(b) Introduction This commentary examines the Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation...
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