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  • Commentaries
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state Case Commentaries

Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Date: Mar 29, 2025
Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15) Introduction In State v. Jay...
Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims

Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims

Date: Mar 29, 2025
Williamson v. State (2025 ND 66): Waiver of Res Judicata, Affirmance on Misuse-of-Process, and the Categorical Bar on Ineffective Assistance of Postconviction Counsel Claims Introduction In...
Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal

Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal

Date: Mar 29, 2025
Estate of Kautzman: No Piecemeal Appeals in Formal Probate—Rule 54(b) Certification Required; Disqualification Orders Remain Enforceable Pending Appeal Introduction In Estate of Kautzman, 2025 ND 57,...
Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions

Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions

Date: Mar 29, 2025
Waiver of Venue Objections Under Rule 12(h)(1) Overrides AMLA Venue Provisions Introduction In Ex parte Andrew J. Scarborough, as Administrator of the Estate of Timothy John Chumney, deceased v....
Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption

Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption

Date: Mar 29, 2025
Factual Dispute Over “Offensive Contact” Under PSTCA Battery Exemption Introduction Scott v. Lancaster County School District 0001, decided by the Nebraska Supreme Court on March 28, 2025, addresses...
State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings

State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings

Date: Mar 29, 2025
State v. Helland: Dismissed Deferred Impositions Are Not Predicate “Convictions” for the Five-Year Firearms Prohibition; Courts May Take Judicial Notice at Preliminary Hearings Introduction In State...
Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones, 2025 ND 61 (N.D. 2025)

Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones, 2025 ND 61 (N.D. 2025)

Date: Mar 29, 2025
Trial Courts Cannot Reserve Property Valuations After Judgment; Adjusted Valuation Dates Demand Specific Findings; Spousal Support Must Be Counted in Child Support — Commentary on Jones v. Jones,...
Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection

Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection

Date: Mar 29, 2025
Interlocutory Appealability of Implicit In Forma Pauperis Denials and Mandatory Clerk Fee Collection Introduction Jackson v. Rodriguez, 318 Neb. 657 (Neb. 2025), arose when Dennis C. Jackson, a...
Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals

Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals

Date: Mar 29, 2025
Municipal Immunity for Stormwater‐Drainage Design within Industry Standards: In re Burrell v. City of Muscle Shoals Introduction In In re Burrell v. City of Muscle Shoals (Supreme Court of Alabama,...
No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60

No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60

Date: Mar 29, 2025
No Credit for Civil SDI Commitment; Good-Time Must Be Itemized in the Judgment — State v. Gomez, 2025 ND 60 Introduction In State v. Gomez, 2025 ND 60, the North Dakota Supreme Court reaffirmed two...
Limary v. McLean: Objections to Judicial Questioning in Family Bench Trials May Be Raised on Appeal, and Overreaching Requires Vacatur and Reassignment

Limary v. McLean: Objections to Judicial Questioning in Family Bench Trials May Be Raised on Appeal, and Overreaching Requires Vacatur and Reassignment

Date: Mar 29, 2025
Limary v. McLean: Objections to Judicial Questioning in Family Bench Trials May Be Raised on Appeal, and Overreaching Requires Vacatur and Reassignment Introduction This commentary analyzes the Idaho...
No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans

No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans

Date: Mar 29, 2025
No Special Relationship Without Justifiable Reliance: Building-Permit Approvals Do Not Overcome Public-Duty Immunity When Applicants Deviate From Approved Plans Introduction In Hoff v. City of...
Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment

Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment

Date: Mar 29, 2025
Reasonable-Person Test for “Body” in Offensive-Contact Battery Limits PSTCA Immunity at Summary Judgment Introduction In Scott v. Lancaster County School District 0001, 318 Neb. 670 (Neb. Mar. 28,...
Clarifying Affidavits and Inmate-Records Exemptions Under Ohio’s Public Records Act: State ex rel. Ealom v. Booth

Clarifying Affidavits and Inmate-Records Exemptions Under Ohio’s Public Records Act: State ex rel. Ealom v. Booth

Date: Mar 28, 2025
Clarifying Affidavits and Inmate-Records Exemptions Under Ohio’s Public Records Act (State ex rel. Ealom v. Booth, 2025-Ohio-1025) Introduction In State ex rel. Ealom v. Booth, 2025-Ohio-1025, the...
Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto

Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto

Date: Mar 28, 2025
Establishing Sufficiency Standards for Expert Medical Testimony and Circumstantial Evidence in Intentional Child Abuse Resulting in Death: State v. Soto Introduction State v. Soto, decided by the...
Res judicata, not “law of the case,” governs post‑judgment enforcement efforts; mandamus unavailable absent a clear ministerial duty: The Wyoming Supreme Court’s roadmap for finality after a consent decree and consolidated litigation

Res judicata, not “law of the case,” governs post‑judgment enforcement efforts; mandamus unavailable absent a clear ministerial duty: The Wyoming Supreme Court’s roadmap for finality after a consent decree and consolidated litigation

Date: Mar 28, 2025
Res judicata, not “law of the case,” governs post‑judgment enforcement efforts; mandamus unavailable absent a clear ministerial duty Commentary on Randy W. Stevens v. Town of Saratoga, 2025 WY 35...
No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

Date: Mar 28, 2025
No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7 Introduction In State v. Nelson, No. 102942-0 (Wash. Mar....
Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions

Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions

Date: Mar 28, 2025
Establishing Evidentiary Standards and Security‐Record Exemptions Under the Ohio Public Records Act in Correctional Institutions Introduction State ex rel. Adkins v. Cole, Slip Opinion No....
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a

Date: Mar 28, 2025
Surveillance-Supported Misrepresentation and Lifetime Disqualification Under WCL § 114-a Introduction Matter of Tirado v. Symphony Space, Inc. (2025 NYSlipOp 01842) addresses the application of...
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C.

Date: Mar 28, 2025
Termination of Family Court Article 10 Jurisdiction Upon Dismissal of Original Neglect Petition: Matter of R.C. Introduction Matter of R.C. (D.C.–R.R.), 2025 NY Slip Op 01859 (App. Div. 1st Dept....
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