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  • Commentaries
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state Case Commentaries

Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a)

Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a)

Date: Apr 9, 2025
Affirming the Reasonableness Standard in Certiorari Review of WIAA Rule 8(a) Introduction In Hayden Halter v. Wisconsin Interscholastic Athletic Association, 2025 WI 10 (Apr. 8, 2025), the Supreme...
Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b)

Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b)

Date: Apr 9, 2025
Pattern of Repeat OWI Offenses Constitutes Professional Misconduct Under SCR 20:8.4(b) Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Lynne Layber, 2025 WI...
Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property

Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property

Date: Apr 9, 2025
Inventory Searches as Community Caretaker Function: Valid Warrantless Seizure of Arrestee’s Personal Property Introduction The case of Brandon Christopher Serini v. The State of Wyoming (2025 WY 40)...
Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services

Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services

Date: Apr 9, 2025
Establishing Duty of Care Under the Connecticut Rule and Contractor Liability for Municipal Snow and Ice Services Introduction Sara Roman v. The City of Providence et al., decided by the Supreme...
Reciprocal Public Censure for Out-of-State Attorney Misconduct

Reciprocal Public Censure for Out-of-State Attorney Misconduct

Date: Apr 9, 2025
Reciprocal Public Censure for Out-of-State Attorney Misconduct Introduction Matter of Martir (2025 NYSlipOp 02040) addresses the application of New York’s doctrine of reciprocal discipline where an...
Judicial Review of Agency Authority When Regulating Attorney-Supervised Debt Negotiation

Judicial Review of Agency Authority When Regulating Attorney-Supervised Debt Negotiation

Date: Apr 9, 2025
Judicial Review of Agency Authority When Regulating Attorney-Supervised Debt Negotiation Introduction Commonwealth Servicing Group, LLC and Commonwealth Law Group, a national consumer-advocate law...
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards

Date: Apr 9, 2025
State v. Kalina: Franks Hearing Limited to Search Warrants and Reaffirmation of Criminal Procedure Standards Introduction In State of Montana v. Justin Dean Kalina, 2025 MT 70, the Montana Supreme...
Williams v. State: Clarifying the State’s Burden to Disprove Justification and the Prejudice Standard in Ineffective Assistance Claims

Williams v. State: Clarifying the State’s Burden to Disprove Justification and the Prejudice Standard in Ineffective Assistance Claims

Date: Apr 9, 2025
Williams v. State: Clarifying the State’s Burden to Disprove Justification and the Prejudice Standard in Ineffective Assistance Claims Introduction In Williams v. State, the Supreme Court of Georgia...
Clear and Convincing Proof Requirement for Statutory Damages under the Ohio Public Records Act

Clear and Convincing Proof Requirement for Statutory Damages under the Ohio Public Records Act

Date: Apr 9, 2025
Clear and Convincing Proof Requirement for Statutory Damages under the Ohio Public Records Act Introduction State ex rel. Ware v. Akron Police Department (2025-Ohio-1198) is an original mandamus...
Significant Mental Health Mitigation Justifies Fully Deferred Suspension in Attorney Discipline

Significant Mental Health Mitigation Justifies Fully Deferred Suspension in Attorney Discipline

Date: Apr 9, 2025
Significant Mental Health Mitigation Justifies Fully Deferred Suspension in Attorney Discipline Introduction In In Re: Paul H. Hattaway, 2025-LSC-B-01405, the Supreme Court of Louisiana reviewed...
Admission of Contemporaneous Text Messages under Hearsay Exceptions in Domestic Violence Prosecutions

Admission of Contemporaneous Text Messages under Hearsay Exceptions in Domestic Violence Prosecutions

Date: Apr 9, 2025
Admission of Contemporaneous Text Messages under Hearsay Exceptions in Domestic Violence Prosecutions Introduction In the matter of State of New Hampshire v. Kenneth Brunelle (No. 2023-0302), the...
Jurisdictional Continuity under OCGA § 17-7-50.1: Superior Court Retains Authority Despite Delayed Reindictment

Jurisdictional Continuity under OCGA § 17-7-50.1: Superior Court Retains Authority Despite Delayed Reindictment

Date: Apr 9, 2025
Jurisdictional Continuity under OCGA § 17-7-50.1: Superior Court Retains Authority Despite Delayed Reindictment Introduction Cooper v. State, decided April 8, 2025, by the Supreme Court of Georgia,...
Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP

Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP

Date: Apr 9, 2025
Tenant Cure by Permanent Exclusion of Criminal Guests under HPHA’s ACOP Introduction This commentary examines the Supreme Court of Hawaiʻi’s April 8, 2025 decision in Bell v. Hawaiʻi Public Housing...
Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Limitation of LLC Member Fiduciary Duties to Contractual Terms: 333 Johnson LLC v. Maple 333 Johnson Member, LLC

Date: Apr 9, 2025
Limitation of LLC Member Fiduciary Duties to Contractual Terms 1. Introduction In 333 Johnson LLC v. Maple 333 Johnson Member, LLC (2025 NYSlipOp 02028), the New York Appellate Division, First...
Accomplice Designation as Judicial Commentary on Guilt Violates OCGA §17-8-57 in State v. Cleveland

Accomplice Designation as Judicial Commentary on Guilt Violates OCGA §17-8-57 in State v. Cleveland

Date: Apr 9, 2025
Accomplice Designation as Judicial Commentary on Guilt Violates OCGA §17-8-57 Introduction State v. Cleveland, decided April 8, 2025 by the Supreme Court of Georgia, concerns two...
State v. Brantley (2025): No Reasonable Expectation of Privacy in Recorded Jail Calls & Rational-Basis Equal Protection

State v. Brantley (2025): No Reasonable Expectation of Privacy in Recorded Jail Calls & Rational-Basis Equal Protection

Date: Apr 9, 2025
State v. Brantley (2025): No Reasonable Expectation of Privacy in Recorded Jail Calls & Rational-Basis Equal Protection Introduction In State v. Brantley, 311 Ga. 1 (2025), the Supreme Court of...
No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State

No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State

Date: Apr 9, 2025
No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State Introduction In Pinckney v. State, S25A0267 (Ga. Apr. 8, 2025), the Supreme Court of Georgia addressed...
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation

Date: Apr 9, 2025
Shelton v. State: Clarifying Attorneys’ Duty to Non-Clients in Adoption Proceedings and Preclusion of Interstate Compact Relitigation Introduction In Shelton v. State of Montana, 2025 MT 71, the...
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA

Date: Apr 8, 2025
No Entitlement to Indefinite Continuance of Remediation-in-Progress Waivers: Due Process Limits Under ISRA Introduction In Re Appeal of the New Jersey Department of Environmental Protection’s...
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes

Date: Apr 8, 2025
State v. Yazzie: Nonexistence of Attempted Reckless Child Abuse and Non-Waivable Pleas to Nonexistent Crimes Introduction In State v. Yazzie (2025), the Supreme Court of New Mexico addressed for the...
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