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  • Commentaries
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state Case Commentaries

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...
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing

Date: Feb 25, 2025
Enhancing Procedural Safeguards in Permanent Neglect Proceedings: The Imperative of a Dispositional Hearing Introduction This Judgment, issued by the Supreme Court of New York, Third Department,...
Clarifying the Validity of Special Judge Appointments Under Miss. Code Ann. § 9-1-105(5) and the Doctrine of Color of Authority

Clarifying the Validity of Special Judge Appointments Under Miss. Code Ann. § 9-1-105(5) and the Doctrine of Color of Authority

Date: Feb 25, 2025
Clarifying the Validity of Special Judge Appointments Under Miss. Code Ann. § 9-1-105(5) and the Doctrine of Color of Authority Introduction The case of Robert Lenoir v. State of Mississippi presents...
Revisiting Digital Privacy: New Precedents on the Private Search Doctrine in Cell Phone Searches

Revisiting Digital Privacy: New Precedents on the Private Search Doctrine in Cell Phone Searches

Date: Feb 25, 2025
Revisiting Digital Privacy: New Precedents on the Private Search Doctrine in Cell Phone Searches Introduction The Judgment in William Jeffrey Knight v. State of Mississippi represents a landmark...
Clarifying Jurisdiction and Correcting Clerical Errors: A New Precedent on Writs of Prohibition in Criminal Plea Cases

Clarifying Jurisdiction and Correcting Clerical Errors: A New Precedent on Writs of Prohibition in Criminal Plea Cases

Date: Feb 25, 2025
Clarifying Jurisdiction and Correcting Clerical Errors: A New Precedent on Writs of Prohibition in Criminal Plea Cases Introduction This commentary examines the Supreme Court of Kentucky's recent...
New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA

New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA

Date: Feb 25, 2025
New Precedent in Environmental Review: The Double Independent Utility Test and Improper Segmentation under HEPA Introduction The Supreme Court of Hawaiʻi rendered a pivotal decision in the...
Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent

Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent

Date: Feb 25, 2025
Establishing the "Preponderance of the Evidence" Requirement for Isolated Workplace Injuries: The Lemaster v. Walmart Precedent Introduction The case of Dustin Lemaster v. Walmart, Inc. brings to the...
Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases

Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases

Date: Feb 25, 2025
Constructive Possession Affirmed: The Role of Circumstantial Evidence in Controlled Substance Cases Introduction In Commonwealth of Virginia v. Jerome Lee Wilkerson, the Supreme Court of Virginia...
Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA

Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA

Date: Feb 25, 2025
Predoctoral Fellows and Trainees: Clarifying the Employee Status Under SELRA Introduction This commentary analyzes the recent Supreme Court of Vermont decision in In re United Auto Workers, Local...
Clarifying the Modus Operandi Exception: A New Precedent on the Admissibility of Prior Bad Acts Evidence under KRE 404(b)

Clarifying the Modus Operandi Exception: A New Precedent on the Admissibility of Prior Bad Acts Evidence under KRE 404(b)

Date: Feb 25, 2025
Clarifying the Modus Operandi Exception: A New Precedent on the Admissibility of Prior Bad Acts Evidence under KRE 404(b) Introduction The case of Bobby Lee Anderson, Jr. v. Commonwealth of Kentucky...
New Legal Precedent: Indefinite Suspension for Non-Participation in Disciplinary Proceedings

New Legal Precedent: Indefinite Suspension for Non-Participation in Disciplinary Proceedings

Date: Feb 25, 2025
New Legal Precedent: Indefinite Suspension for Non-Participation in Disciplinary Proceedings Introduction The case of IN RE: JON RHYAN FRITZ marks a significant decision by the Supreme Court of...
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