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  • Commentaries
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state Case Commentaries

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act

Date: Mar 21, 2025
Individualized Character Assessment Required for Video Gaming Licenses Under Pennsylvania Video Gaming Act Introduction This commentary addresses the Pennsylvania Supreme Court’s decision in...
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Establishing Intent-Based Parentage in ART Cases: Glover v. Junior

Date: Mar 21, 2025
Establishing Intent-Based Parentage in ART Cases: Glover v. Junior Introduction In Glover v. Junior, 2025 WL ____ (Pa.), the Supreme Court of Pennsylvania confronted a novel family-law question: when...
Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g)

Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g)

Date: Mar 21, 2025
Reconciling Child Witness Protection with the Confrontation Clause: Mandatory Screens under Miss. Code § 99-43-101(2)(g) Introduction This commentary examines the Supreme Court of Mississippi’s...
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power

Date: Mar 21, 2025
Permissibility of Third-Party Contempt Fines Under New Mexico’s Inherent Judicial Power Introduction State v. Maestas is a landmark Supreme Court of New Mexico decision issued on March 20, 2025. The...
Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur

Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur

Date: Mar 21, 2025
Evident Partiality in Insurance Appraisals: Equating Appraisal with Arbitration and Mandating Vacatur Introduction Vermont Mutual Insurance Company v. New England Property Services Group, LLC, 2025...
Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime

Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime

Date: Mar 21, 2025
Causal Links Require Evidence: Kentucky High Court Affirms Trial Courts’ Discretion to Bar Speculative Arguments Tying a Third Party’s Suicide to the Charged Crime Case: Marquess Smith v....
Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl

Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl

Date: Mar 21, 2025
Mandatory KRE 703(b) Admonition on Expert Cross-Examination; Affirmance of Wanton Murder Where Child Accesses Fentanyl Introduction In Lauren Baker v. Commonwealth of Kentucky (Supreme Court of...
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims — Commentary on State v. Williams, 2025 ND 46

Date: Mar 21, 2025
Undisclosed Trial-Preparation Witness Details Are Not Brady Material When Obtainable Through Defense Diligence; Strict Preservation Required for Expert-Impeachment Claims Commentary on State v....
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability

Date: Mar 21, 2025
Possession, Not Ownership: Indispensability of Non-Possessing Tenants in Common in Premises Liability Introduction This commentary examines the Pennsylvania Supreme Court’s decision in Simone v....
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal

Date: Mar 21, 2025
Utah’s General Saving Statute Protects Ongoing Criminal Prosecutions from Abatement upon Statutory Repeal Introduction State v. Cooke, 2025 UT 6, presented the Utah Supreme Court with the pivotal...
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c)

Date: Mar 21, 2025
Ministerial-Only Amendment Rule Upheld: DHCR’s Discretion under RSC §2528.3(c) Introduction In Matter of LL 410 E. 78th St. LLC v. Division of Housing & Community Renewal (2025 NYSlipOp 01672), the...
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Date: Mar 21, 2025
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent Introduction In Fossella v. Adams (2025 NYSlipOp 01668), decided March 20, 2025, the New York Court of Appeals addressed the...
Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law

Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law

Date: Mar 21, 2025
Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law Introduction In Troy...
Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished)

Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished)

Date: Mar 21, 2025
Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished) Note on Publication Status and Use This...
Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of Kentucky

Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of Kentucky

Date: Mar 21, 2025
Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of...
Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver

Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver

Date: Mar 21, 2025
Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver Introduction In Board of Education of Paris, Kentucky v....
Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence

Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence

Date: Mar 21, 2025
Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence Introduction In William Frederick...
Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension

Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension

Date: Mar 21, 2025
Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension Introduction In Disciplinary...
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Date: Mar 21, 2025
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status Introduction Commonwealth v. Foster, decided March 20, 2025 by the Supreme Court of...
Individualized Character Assessment Required in Video Gaming License Decisions

Individualized Character Assessment Required in Video Gaming License Decisions

Date: Mar 21, 2025
Individualized Character Assessment Required in Video Gaming License Decisions Introduction Better Bets Ventures, LLC v. Pennsylvania Gaming Control Board (March 20, 2025) is a landmark Supreme Court...
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