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  • Commentaries
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state Case Commentaries

Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases

Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases

Date: Mar 2, 2025
Affirming Trial Court Discretion: Procedural Negotiations and Supplemental Verdict Forms in Justifiable Use of Force Cases Introduction The case of State of Montana v. Kevin Charles Walla (2025 MT...
New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes

New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes

Date: Mar 1, 2025
New Precedent Affirming Indiana Courts’ Subject-Matter Jurisdiction over Multistate Trust Disputes Introduction The recent Supreme Court of Indiana Judgment in Emily Tingley v. First Financial Bank,...
Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases

Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases

Date: Mar 1, 2025
Prospective-Only Application and the Jurisdictional Gap in Juvenile-to-Adult Waiver Cases Introduction The Judgment in Johnny Webster Brown v. State of Indiana addresses a critical legal lacuna that...
Defining "Place": Affirming That a Moving Vehicle Qualifies Under Idaho Code §37-2732(d)

Defining "Place": Affirming That a Moving Vehicle Qualifies Under Idaho Code §37-2732(d)

Date: Mar 1, 2025
Defining "Place": Affirming That a Moving Vehicle Qualifies Under Idaho Code §37-2732(d) Introduction In the recent decision in STATE OF IDAHO, Plaintiff-Respondent, v. KADENCE DAWN MARBLE,...
Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes

Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes

Date: Mar 1, 2025
Reaffirming the Limits of Interlocutory Review in Conflicted Transactions: A New Framework for Applying Section 7.10(b) in Merger Disputes Introduction The recent decision in American Midstream GP,...
New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services

New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services

Date: Mar 1, 2025
New Legal Precedent: Preclusion of Unjust Enrichment Claims in the Presence of an Enforceable Contract for Educational Services Introduction The case under review, Board of Governors of the Colorado...
A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties

A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties

Date: Mar 1, 2025
A Mandamus Mandate: Enforcing Redistricting Statutory Compliance in Home Rule Counties Introduction The Judgment in 25 CO 8 v. The Board of County Commissioners of the County of Weld, et al....
Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification

Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification

Date: Feb 28, 2025
Double Jeopardy and Unit of Prosecution in Sexual Assault Cases: A Precedential Clarification Introduction The case of Christopher Sais v. State of New Mexico, and Leon Martinez, Warden represents a...
Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions

Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions

Date: Feb 28, 2025
Double Jeopardy Merger Principle Affirmed in Felony Murder Convictions Introduction The case of State of New Mexico v. Damian Jacob Herrera involves serious charges including first-degree felony...
Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103

Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103

Date: Feb 28, 2025
Establishing the Threshold for Termination of Parental Rights: The Failure to Plan under 13 Del. C. § 1103 Introduction In the case of GEORGE FROST and JANE BURTON v. DEPARTMENT OF SERVICES FOR...
Admissibility of Gang Affiliation and Consciousness of Guilt Evidence: New Precedents from STATE OF CONNECTICUT v. BRANDON JONES

Admissibility of Gang Affiliation and Consciousness of Guilt Evidence: New Precedents from STATE OF CONNECTICUT v. BRANDON JONES

Date: Feb 28, 2025
Admissibility of Gang Affiliation and Consciousness of Guilt Evidence: New Precedents from STATE OF CONNECTICUT v. BRANDON JONES Introduction In the case of STATE OF CONNECTICUT v. BRANDON JONES, the...
Clarifying Jurisdictional Limits on Juror Misconduct Appeals Under Arkansas Rule of Appellate Procedure–Criminal 2(b)(2)

Clarifying Jurisdictional Limits on Juror Misconduct Appeals Under Arkansas Rule of Appellate Procedure–Criminal 2(b)(2)

Date: Feb 28, 2025
Clarifying Jurisdictional Limits on Juror Misconduct Appeals Under Arkansas Rule of Appellate Procedure–Criminal 2(b)(2) Introduction In Eathan Cypert v. State of Arkansas (2025 Ark. 11), the Supreme...
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records

Date: Feb 26, 2025
Retroactive Transparency: Expanding FOIL Access to Pre-Repeal Law Enforcement Disciplinary Records Introduction This Judgment, rendered by the Court of Appeals of New York on February 20, 2025,...
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent

Date: Feb 26, 2025
New Legal Principle: The Six-Month Waiting Period Under the Child Victims Act is Neither a Statute of Limitations Nor a Condition Precedent Introduction The judgment in Brittany N. Jones, & c.,...
The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements

Date: Feb 26, 2025
The Public Policy Mandate for Rehabilitation: Striking Down Shock Program Waivers in Plea Agreements Introduction In the case of The People & c., Respondent, v. Juan M. Silva Santos (2025 N.Y. Slip...
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation

Date: Feb 26, 2025
New Transparency Standard for Law Enforcement Disciplinary Records: A Paradigm Shift in FOIL Interpretation Introduction The Court of Appeals of New York, in the case of In the Matter of New York...
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks

Date: Feb 26, 2025
Defining "Minimal Inquiry" in Substitution of Counsel: Insights from People v. Divine Fredericks Introduction The case of The People & c., Respondent, v. Divine Fredericks, Appellant (2025 N.Y. Slip...
New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions

New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions

Date: Feb 25, 2025
New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions Introduction This commentary examines the recent Supreme Court of Washington decision in THE HOUSING...
Ensuring Merits-Focused Appellate Review: Excusing Technical Briefing Deficiencies

Ensuring Merits-Focused Appellate Review: Excusing Technical Briefing Deficiencies

Date: Feb 25, 2025
Ensuring Merits-Focused Appellate Review: Excusing Technical Briefing Deficiencies Introduction In the case of Michael DiNovo, Jr. et al. v. Kenneth Binkley et al., the Tennessee Supreme Court...
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings

Date: Feb 25, 2025
Enhancement of Protective Orders Based on Digital Misconduct in Family Offense Proceedings Introduction In this landmark case, the Supreme Court of New York, Third Department, addressed a family...
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