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  • Commentaries
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state Case Commentaries

Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases

Date: Mar 7, 2025
Judicial Discretion in Sequential Sentencing: Consolidation, Prior Bad Acts, and Overlapping Offenses in Aggravated Family Offense Cases Introduction In the case of The People of the State of New...
Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations

Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations

Date: Mar 7, 2025
Establishing the Competitive Integrated Employment Standard in Vocational Rehabilitation Determinations Introduction In the case of Nathan Zent, Appellant v. North Dakota Department of Health and...
Establishing the Foundation: New Standards on Expert Testimony and Timely Disclosure in Legal Malpractice Cases

Establishing the Foundation: New Standards on Expert Testimony and Timely Disclosure in Legal Malpractice Cases

Date: Mar 6, 2025
Establishing the Foundation: New Standards on Expert Testimony and Timely Disclosure in Legal Malpractice Cases Introduction In a significant development from the Supreme Court of Idaho dated March...
Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders

Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders

Date: Mar 6, 2025
Limiting Inherent Court Authority: A New Boundary on Postconviction Discovery Orders Introduction The case, In Re: The People of the State of Colorado v. Roberto C. Silva-Jaquez, marks a significant...
Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation

Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation

Date: Mar 6, 2025
Resentencing Under Allman: Validating Separate Case Sentencing and the Reimposition of Probation Introduction The case of Bradford Wayne Snedeker v. The People of the State of Colorado, decided on...
Clarifying Prima Facie Requirements for Resentencing Relief Under section 1172.6: The Role of Preliminary Hearing Transcripts

Clarifying Prima Facie Requirements for Resentencing Relief Under section 1172.6: The Role of Preliminary Hearing Transcripts

Date: Mar 6, 2025
Clarifying Prima Facie Requirements for Resentencing Relief Under section 1172.6: The Role of Preliminary Hearing Transcripts Introduction In The People v. Ramon Patton, the Supreme Court of...
Redefining Vicinage and Jury District Composition: Gonzales v. Markland and the Proper Scope of “County or District” under the South Dakota Constitution

Redefining Vicinage and Jury District Composition: Gonzales v. Markland and the Proper Scope of “County or District” under the South Dakota Constitution

Date: Mar 6, 2025
Redefining Vicinage and Jury District Composition: Gonzales v. Markland and the Proper Scope of “County or District” under the South Dakota Constitution Introduction The case of Donika Rae Gonzales...
Ensuring the Right to Appeal: Remand for Proper Notification Under the Ortiz Exception

Ensuring the Right to Appeal: Remand for Proper Notification Under the Ortiz Exception

Date: Mar 5, 2025
Ensuring the Right to Appeal: Remand for Proper Notification Under the Ortiz Exception Introduction The case of State of Kansas, Appellee, v. Casinroyial Donje Caszarone Collins, Appellant presents a...
Balancing Act: Establishing the Two-Part Test for Prior Misconduct Evidence

Balancing Act: Establishing the Two-Part Test for Prior Misconduct Evidence

Date: Mar 5, 2025
Balancing Act: Establishing the Two-Part Test for Prior Misconduct Evidence Introduction In State of Connecticut v. Marcello E., the Supreme Court of Connecticut confronted a critical evidentiary...
Clarifying Fiduciary Duty and Negligent Misrepresentation in Insurance Transactions: The Stroud Precedent

Clarifying Fiduciary Duty and Negligent Misrepresentation in Insurance Transactions: The Stroud Precedent

Date: Mar 5, 2025
Clarifying Fiduciary Duty and Negligent Misrepresentation in Insurance Transactions: The Stroud Precedent Introduction The Kansas Supreme Court’s recent decision in Cathy L. Stroud v. Ozark National...
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice

Date: Mar 5, 2025
Judicial Discretion in Sentencing: A New Standard in Balancing Punishment and Justice Introduction This commentary examines the Supreme Court of New York, Second Department’s recent decision in The...
Retention of Identification as a Seizure: Imposing the Reasonable Suspicion Requirement Under the Fourth Amendment

Retention of Identification as a Seizure: Imposing the Reasonable Suspicion Requirement Under the Fourth Amendment

Date: Mar 5, 2025
Retention of Identification as a Seizure: Imposing the Reasonable Suspicion Requirement Under the Fourth Amendment Introduction This commentary examines the Supreme Court of Idaho’s decision in STATE...
Interlocutory Non-Finality in Tax Court Jurisdictional Orders: A New Standard

Interlocutory Non-Finality in Tax Court Jurisdictional Orders: A New Standard

Date: Mar 4, 2025
Interlocutory Non-Finality in Tax Court Jurisdictional Orders: A New Standard Introduction In County of Hennepin Relator, v. Hollydale Land LLC, the Minnesota Supreme Court revisited the longstanding...
Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances

Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances

Date: Mar 4, 2025
Municipal Fines and Notice Requirements: Affirming Discretionary Authority in Excessive Police Response Ordinances Introduction The case of Roseanne Leydon v. Municipality of Anchorage examines the...
Clarifying Fixed Lump-Sum Fee Obligations in Architectural Services Contracts: A New Precedent

Clarifying Fixed Lump-Sum Fee Obligations in Architectural Services Contracts: A New Precedent

Date: Mar 4, 2025
Clarifying Fixed Lump-Sum Fee Obligations in Architectural Services Contracts: A New Precedent Introduction This commentary examines the recent decision in Americo Mallozzi aka Americo Mallozzi &...
Establishing the Duty for Direct Notice to the First Named Insured in Renewal Offers with Premium Increases

Establishing the Duty for Direct Notice to the First Named Insured in Renewal Offers with Premium Increases

Date: Mar 3, 2025
Establishing the Duty for Direct Notice to the First Named Insured in Renewal Offers with Premium Increases Introduction The recent Supreme Court of Oklahoma decision in Jai Hospitality, LLC, d/b/a...
Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M.

Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M.

Date: Mar 2, 2025
Refining Guardianship Dispositions: New Precedents on Improvement Period Compliance and Modification Rights in IN RE H.M. Introduction In the case of IN RE H.M., decided on February 26, 2025, by the...
Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times

Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times

Date: Mar 2, 2025
Tiered Registration in SORA: Establishing a Rational Basis for Mandatory Minimum Wait Times Introduction The case of The State, Respondent, v. Jason Bryan McSwain, Appellant presents a significant...
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications

Date: Mar 2, 2025
Strict Enforcement of Non-Waiver Provisions in Promissory Note Agreements: Establishing a Clear Judicial Standard for Oral Modifications Introduction In the case of Nunzio Pace, et al. v. Raymond F....
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton

Date: Mar 2, 2025
Revisiting Municipal Dedication and Adverse Possession: Implications from Harry J. Ellis v. Town of East Hampton Introduction In the recent judgment rendered by the Supreme Court of New York, Second...
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