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  • Commentaries
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state Case Commentaries

Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea

Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea

Date: Mar 15, 2025
Clarifying the Eggshell Skull Doctrine in Homicide: Establishing Its Role in Causation, Not Mens Rea Introduction In the case of Zachariah David Konkle v. State of Indiana, the Indiana Supreme Court...
New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers

New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers

Date: Mar 15, 2025
New Precedent: Recognizing Parental Criminal Conduct as an Adverse Interest in Juvenile Waivers Introduction The case of J.Q.R., Appellant v. State of Indiana, Appellee, decided on March 12, 2025, by...
“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law

“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law

Date: Mar 15, 2025
“Hindsight as a Justificatory Lens”: A New Precedent on Self‐Defense under Indiana Law Introduction The case of Antonio Turner v. State of Indiana introduces a groundbreaking twist to Indiana’s...
Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law

Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law

Date: Mar 15, 2025
Clarifying Finality in Consolidated Cases: The Limits of Dismissal Orders in Texas Family Law Introduction This Judgment, rendered by the Supreme Court of Texas on March 14, 2025, in the case titled...
Clarifying Standards of Proof and Instrumentality in Tax Refund Cases

Clarifying Standards of Proof and Instrumentality in Tax Refund Cases

Date: Mar 15, 2025
Clarifying Standards of Proof and Instrumentality in Tax Refund Cases Introduction In a landmark decision, the Supreme Court of Texas addressed a critical question in tax law: whether a private,...
Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing

Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing

Date: Mar 15, 2025
Invalid Waiver of Appeal and Misapplied Predicate Felony Status: New Standards in Arrest and Sentencing Introduction In the case of The People of the State of New York v. Joseph C. Jones (2025 N.Y....
Reinstatement of Pension Benefits: A New Standard for Dismissals Under CPLR and Analysis of Fiduciary Duty Claims

Reinstatement of Pension Benefits: A New Standard for Dismissals Under CPLR and Analysis of Fiduciary Duty Claims

Date: Mar 15, 2025
Reinstatement of Pension Benefits: A New Standard for Dismissals Under CPLR and Analysis of Fiduciary Duty Claims Introduction The case of Vincent Crehan and Kathryn Ehrig v. Jeffrey B. Richardson et...
Establishing Strict Proof of Loss Requirements and Upholding the Implied Covenant of Good Faith in Insurance Claims

Establishing Strict Proof of Loss Requirements and Upholding the Implied Covenant of Good Faith in Insurance Claims

Date: Mar 15, 2025
Establishing Strict Proof of Loss Requirements and Upholding the Implied Covenant of Good Faith in Insurance Claims Introduction The case of Joseph Dersam and Linda Dersam v. Ontario Insurance...
Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing

Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing

Date: Mar 15, 2025
Mandatory License Revocation Under § 28-905(3)(b): A New Precedent in Felony Sentencing Introduction In the case of State of Nebraska v. Detron L. Perry (318 Neb. 613), decided on March 14, 2025, the...
Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30

Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30

Date: Mar 15, 2025
Precedential Requirement for Adversarial Hearings on Excludable Time under CPL 30.30 Introduction The case of The People of the State of New York, Respondent, v. Diane E. Clark, Defendant-Appellant...
Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims

Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims

Date: Mar 15, 2025
Implied Contract in Higher Education: The Necessity for Specific Promises in In-Person Learning Claims Introduction In this landmark decision, the Supreme Court of New York’s Fourth Department...
Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations

Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations

Date: Mar 15, 2025
Affirmation of Statistical Sampling Authority in Medicaid Overpayment Determinations Introduction This commentary examines the Supreme Court of New York, Fourth Department’s decision in the case of...
Faulty Certificate of Compliance: Redefining Due Diligence and Remittal Scope under CPL 30.30

Faulty Certificate of Compliance: Redefining Due Diligence and Remittal Scope under CPL 30.30

Date: Mar 15, 2025
Faulty Certificate of Compliance: Redefining Due Diligence and Remittal Scope under CPL 30.30 Introduction The case at bar, People of the State of New York v. Thomas P. Mitchell, Jr. (2025 N.Y. Slip...
Judicial Clarification on Custody Modification: Integrating Mental Health Compliance into Supervised Visitation

Judicial Clarification on Custody Modification: Integrating Mental Health Compliance into Supervised Visitation

Date: Mar 15, 2025
Judicial Clarification on Custody Modification: Integrating Mental Health Compliance into Supervised Visitation Introduction The recent decision in In the Matter of Shakema R. v. Mesha B. (2025 N.Y....
Clarifying the Aguilar-Spinelli Test: Reaffirmation and Limits in Establishing Probable Cause

Clarifying the Aguilar-Spinelli Test: Reaffirmation and Limits in Establishing Probable Cause

Date: Mar 15, 2025
Clarifying the Aguilar-Spinelli Test: Reaffirmation and Limits in Establishing Probable Cause Introduction The judgment in The People of the State of New York, Respondent, v. David A. Berry,...
Assisted Living Facility Statutory Exclusivity: Clarifying Liability under Public Health Law

Assisted Living Facility Statutory Exclusivity: Clarifying Liability under Public Health Law

Date: Mar 15, 2025
Assisted Living Facility Statutory Exclusivity: Clarifying Liability under Public Health Law Introduction In the case of Thomas C. Kingston, as Executor of the Estate of Marcella Kingston v. Tennyson...
Establishing the Limits of Modifying Evidence in Judgment of Acquittal Motions: State v. Merwin

Establishing the Limits of Modifying Evidence in Judgment of Acquittal Motions: State v. Merwin

Date: Mar 15, 2025
Establishing the Limits of Modifying Evidence in Judgment of Acquittal Motions: State v. Merwin Introduction The case of State of Vermont v. Matthew C. Merwin presents a significant development...
Affirming the Weight of Eyewitness Identification and the Limits of Defense Preservation in New York

Affirming the Weight of Eyewitness Identification and the Limits of Defense Preservation in New York

Date: Mar 15, 2025
Affirming the Weight of Eyewitness Identification and the Limits of Defense Preservation in New York Introduction The case of The People of the State of New York v. Indalecio Rodriguez (2025 N.Y....
Exclusion of Pension Rights as Marital Assets: Implications for Equitable Divorce Divisions

Exclusion of Pension Rights as Marital Assets: Implications for Equitable Divorce Divisions

Date: Mar 15, 2025
Exclusion of Pension Rights as Marital Assets: Implications for Equitable Divorce Divisions Introduction The case of Brian Clifford v. Shauna Clifford addresses critical issues in divorce proceedings...
Clarifying the Role of Prior Uncharged Acts and Hearsay Exceptions in Sexual Abuse Cases

Clarifying the Role of Prior Uncharged Acts and Hearsay Exceptions in Sexual Abuse Cases

Date: Mar 15, 2025
Clarifying the Role of Prior Uncharged Acts and Hearsay Exceptions in Sexual Abuse Cases Introduction The case of The People of the State of New York, Respondent, v. Roger L. Ballard, Jr.,...
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