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state Case Commentaries

Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute: State v. Carter

Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute: State v. Carter

Date: Mar 26, 2025
Pretrial Home Incarceration Is “Custody” Under West Virginia’s Escape Statute Commentary on State of West Virginia v. Corbett Maurice Carter, No. 23-277 (W. Va. Mar. 25, 2025) Introduction In State...
State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases

State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases

Date: Mar 26, 2025
State v. Anthony M. and the Victim-Specific Requirement to Avoid Double Jeopardy in Single-Act Firearm Cases Introduction This commentary analyzes Justice Armstead’s separate opinion—concurring in...
Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim Unnamed

Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim Unnamed

Date: Mar 26, 2025
Victim Specificity as the Key to Avoiding Double Jeopardy in Single‑Gunshot Cases: Wanton Endangerment Vacated as a Lesser‑Included Offense of Malicious Assault Where the Indictment Left the Victim...
Diligence and Timeliness under Rule 60(b)(6) for Settlement Enforcement: Sheppard v. Big Horn County

Diligence and Timeliness under Rule 60(b)(6) for Settlement Enforcement: Sheppard v. Big Horn County

Date: Mar 26, 2025
Diligence and Timeliness under Rule 60(b)(6) for Settlement Enforcement: Sheppard v. Big Horn County Introduction In Sheppard Trucking v. Board of County Commissioners (2025 WY 31), the Wyoming...
When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57)

When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57)

Date: Mar 26, 2025
When Foreign Residence Interrupts “Home-State” Status: Montana May Assert Significant-Connection Jurisdiction and Impose Temporary Child Travel Limits (Parenting of A.H.S., 2025 MT 57) Introduction...
Nonprecedential Clarification: District courts abuse discretion by denying Rule 60(b)(3) relief without an evidentiary hearing when alleged forgery and notice are materially disputed

Nonprecedential Clarification: District courts abuse discretion by denying Rule 60(b)(3) relief without an evidentiary hearing when alleged forgery and notice are materially disputed

Date: Mar 26, 2025
Nonprecedential Clarification: District courts abuse discretion by denying Rule 60(b)(3) relief without an evidentiary hearing when alleged forgery and notice are materially disputed Case: In re the...
Non-Preclusive Standing Dismissals and Common-Injury Taxpayer Classes in Montana: Commentary on Gottlob v. DesRosier (2025 MT 56)

Non-Preclusive Standing Dismissals and Common-Injury Taxpayer Classes in Montana: Commentary on Gottlob v. DesRosier (2025 MT 56)

Date: Mar 26, 2025
Non-Preclusive Standing Dismissals and Common-Injury Taxpayer Classes in Montana: Gottlob v. DesRosier (2025 MT 56) Introduction In Gottlob v. DesRosier, 2025 MT 56, the Supreme Court of Montana...
Ohio Supreme Court Clarifies Limits of Prohibition: No Writ Against Prosecutors; Alleged Fraud in Trial-Level Filings Must Be Addressed by Appeal, Not Extraordinary Relief

Ohio Supreme Court Clarifies Limits of Prohibition: No Writ Against Prosecutors; Alleged Fraud in Trial-Level Filings Must Be Addressed by Appeal, Not Extraordinary Relief

Date: Mar 26, 2025
Ohio Supreme Court Clarifies Limits of Prohibition: No Writ Against Prosecutors; Alleged Fraud in Trial-Level Filings Must Be Addressed by Appeal, Not Extraordinary Relief Introduction In State ex...
Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open

Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open

Date: Mar 26, 2025
Courts May Choose Among, But Not Create, Juvenile Placements: Writ of Prohibition Bars Judicial Compulsion to Keep a State Facility Open Commentary on State of West Virginia ex rel. West Virginia...
Warncke v. State: Delaware Supreme Court Reaffirms Rule 61(i)(4)’s Former-Adjudication Bar and Strickland’s Prejudice Requirement—No Relief for Failure to Object to Racial-Slur Testimony Absent Outcome-Differential Impact

Warncke v. State: Delaware Supreme Court Reaffirms Rule 61(i)(4)’s Former-Adjudication Bar and Strickland’s Prejudice Requirement—No Relief for Failure to Object to Racial-Slur Testimony Absent Outcome-Differential Impact

Date: Mar 25, 2025
Warncke v. State: Delaware Supreme Court Reaffirms Rule 61(i)(4)’s Former-Adjudication Bar and Strickland’s Prejudice Requirement—No Relief for Failure to Object to Racial-Slur Testimony Absent...
Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act

Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act

Date: Mar 25, 2025
Examinations Are “Proceedings,” Not Tolling Events, Under Michigan’s Unclaimed Property Act Introduction In a unanimous decision authored by Justice Welch, the Supreme Court of Michigan resolved a...
Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded

Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded

Date: Mar 25, 2025
Examinations Are “Proceedings” Under Michigan’s UUPA, But Do Not Toll the Statute of Limitations; Post‑Examination Duty Question Remanded Introduction This consolidated Michigan Supreme Court...
Clarifying Grandparent Third-Party Visitation Under 13 Del. C. § 2412: Evidence and Jurisdictional Standards

Clarifying Grandparent Third-Party Visitation Under 13 Del. C. § 2412: Evidence and Jurisdictional Standards

Date: Mar 25, 2025
Clarifying Grandparent Third-Party Visitation Under 13 Del. C. § 2412: Evidence and Jurisdictional Standards Introduction Burk v. Kurtis (Del. Mar. 24, 2025) presents a landmark delineation of the...
Contemporaneous Business Surveillance Footage Exempt from Work-Product Privilege: Mile v. Kirkbrae Country Club

Contemporaneous Business Surveillance Footage Exempt from Work-Product Privilege: Mile v. Kirkbrae Country Club

Date: Mar 25, 2025
Contemporaneous Business Surveillance Footage Exempt from Work-Product Privilege: Mile v. Kirkbrae Country Club Introduction In Rajmonda Mile v. Kirkbrae Country Club, 2025 RI 24 (R.I. 2025), the...
ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories

Date: Mar 25, 2025
ABA Sanctions Standards Are Guideposts, Not Gatekeepers: Colorado Supreme Court Confirms Broad Scope of Colo. RPC 4.4(a) and Permits Use of ABA Standard 7.2 Beyond Enumerated Categories Introduction...
Consent Dismissals and Judicial Power to Vacate Interlocutory Orders

Consent Dismissals and Judicial Power to Vacate Interlocutory Orders

Date: Mar 25, 2025
Consent Dismissals and Judicial Power to Vacate Interlocutory Orders Introduction The Supreme Court of Rhode Island’s decision in Judith Clinton v. Chad Babcock et al. marks an important...
Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1

Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1

Date: Mar 25, 2025
Absence of Private Right of Action for Unlicensed Loan Servicing Fees Under R.I. Gen. Laws § 19-14-26.1 Introduction This commentary examines the Rhode Island Supreme Court’s March 24, 2025 decision...
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases (In re D.S.)

Date: Mar 25, 2025
Reaffirming West Virginia’s 50-50 Custody Presumption: Appellate Deference and Mental-Health Evidence in Non-Offending Parent Cases Commentary on In re D.S., Supreme Court of Appeals of West Virginia...
McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime

Date: Mar 25, 2025
McMahon v. McMahon: Delaware Supreme Court Reinforces Specificity in Defamation Pleadings—“Filing a False Police Report” Is Not, By Itself, a Statutory Crime Introduction In McMahon v. McMahon, No....
Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation

Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation

Date: Mar 24, 2025
Discretion in Permanency Plan Determinations: Balancing Sibling Relationships and Parental Rehabilitation Introduction This commentary examines the Supreme Court of Wyoming’s decision in In the...
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