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  • Commentaries
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state Case Commentaries

State v. Iverson: Strategic Waiver Bars Golding Review of Confrontation Challenges to Nontestifying Autopsy Authors; Whistnant Requires a Real Dispute Between Intent and Recklessness

State v. Iverson: Strategic Waiver Bars Golding Review of Confrontation Challenges to Nontestifying Autopsy Authors; Whistnant Requires a Real Dispute Between Intent and Recklessness

Date: Jul 16, 2025
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:  Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025
“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 Purposes

State v. Villanueva: Evidentiary Predicate for Investigative-Inadequacy Instructions; No Per Se Suppression for § 54-1p Warning Omissions; Autopsy Photographs Are Nonhearsay for Confrontation Purposes

Date: Jul 16, 2025
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

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

Date: Jul 16, 2025
“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. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Date: Jul 16, 2025
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

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Date: Jul 15, 2025
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 – A Commentary on State v. Swayne, 2025-NMSC-___

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025
“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)

Major Political Parties Have Standing to Enforce Election-Inspector Parity Under MCL 168.674(2)

Date: Jul 15, 2025
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, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“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-___)

“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-___)

Date: Jul 15, 2025
“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)

State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b)

Date: Jul 15, 2025
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)

“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025)

Date: Jul 15, 2025
“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

“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

Date: Jul 15, 2025
“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

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

Date: Jul 15, 2025
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)

“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

Date: Jul 15, 2025
“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

“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

Date: Jul 13, 2025
“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...
Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Veljovic v. TD Bank, N.A. — Notarial Negligence, the Economic-Loss Rule, and the Boundaries of the “Special Relationship” Exception

Date: Jul 13, 2025
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

The “Pigeon Rule”: Heightened Pleading Duties for Rebutting the Presumption of Probable Cause in Vermont

Date: Jul 13, 2025
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

“Rule 60(b) Motions Do Not Suspend Compliance” — Gaines v. Gaines and the Vermont Supreme Court’s Clarification on Timeliness, Trust Assets, and Contempt

Date: Jul 13, 2025
“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,...

        The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals

Date: Jul 13, 2025
The “Woods Doctrine”: Clarifying Good-Cause Evidence & Judicial Deference in Community-Supervision Furlough Appeals 1. Introduction George Woods, Jr., a self-represented litigant, sought appellate...
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