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state Case Commentaries

Redefining Malice in Georgia Defamation: Establishing the 'Private Malice' Standard

Redefining Malice in Georgia Defamation: Establishing the 'Private Malice' Standard

Date: Feb 22, 2025
Redefining Malice in Georgia Defamation: Establishing the 'Private Malice' Standard Introduction In the recent decision of OSKOUEI v. MATTHEWS rendered by the Supreme Court of Georgia on February 18,...
New Precedent on the Appealability of Evidentiary Exclusion Under OCGA § 17-5-30

New Precedent on the Appealability of Evidentiary Exclusion Under OCGA § 17-5-30

Date: Feb 22, 2025
New Precedent on the Appealability of Evidentiary Exclusion Under OCGA § 17-5-30 Introduction The judgment in THE STATE v. ISLAM establishes a significant new legal precedent regarding the right of...
GRIFFIN v. THE STATE: Reaffirming the High Threshold for McCoy Claims in Non-Capital Cases

GRIFFIN v. THE STATE: Reaffirming the High Threshold for McCoy Claims in Non-Capital Cases

Date: Feb 22, 2025
GRIFFIN v. THE STATE: Reaffirming the High Threshold for McCoy Claims in Non-Capital Cases Introduction The Supreme Court of Georgia, in the case of GRIFFIN v. THE STATE, deliberated on the...
Precedent on the Evaluation of Malice and Ineffective Assistance Claims in Murder Trials: Commentary on GUYTON v. THE STATE

Precedent on the Evaluation of Malice and Ineffective Assistance Claims in Murder Trials: Commentary on GUYTON v. THE STATE

Date: Feb 22, 2025
Precedent on the Evaluation of Malice and Ineffective Assistance Claims in Murder Trials Introduction The case of GUYTON v. THE STATE presents a multifaceted appeal from V'Daul Devontae Makik Guyton,...
The Confrontation Clause and Forensic Testimony: New Precedents in Admitting Unredacted Diary Evidence in Domestic Violence Cases

The Confrontation Clause and Forensic Testimony: New Precedents in Admitting Unredacted Diary Evidence in Domestic Violence Cases

Date: Feb 22, 2025
The Confrontation Clause and Forensic Testimony: New Precedents in Admitting Unredacted Diary Evidence in Domestic Violence Cases Introduction The case of Watkins v. The State before the Supreme...
Tucker v. The State: Establishing Principles on Merger Errors and the Best Evidence Exception

Tucker v. The State: Establishing Principles on Merger Errors and the Best Evidence Exception

Date: Feb 22, 2025
Tucker v. The State: Establishing Principles on Merger Errors and the Best Evidence Exception Introduction In Tucker v. The State, the Supreme Court of Georgia addressed several pivotal issues that...
Clarifying “Slightest Hope of Benefit”: New Precedents on OCGA § 24-8-824 and the Nature of Incriminating Statements

Clarifying “Slightest Hope of Benefit”: New Precedents on OCGA § 24-8-824 and the Nature of Incriminating Statements

Date: Feb 22, 2025
Clarifying “Slightest Hope of Benefit”: New Precedents on OCGA § 24-8-824 and the Nature of Incriminating Statements Introduction The case of The State v. Leverette before the Supreme Court of...
Equitable Caregiver Statute’s Retroactivity Constraint: No Application to Pre-Enactment Parental Conduct

Equitable Caregiver Statute’s Retroactivity Constraint: No Application to Pre-Enactment Parental Conduct

Date: Feb 22, 2025
Equitable Caregiver Statute’s Retroactivity Constraint: No Application to Pre-Enactment Parental Conduct Introduction In the landmark case of DIAS v. BOONE, the Supreme Court of Georgia examined the...
Other-Act Evidence in Self-Defense Cases: Balancing Probative Value and Prejudice in OCGA Evidence Exclusions

Other-Act Evidence in Self-Defense Cases: Balancing Probative Value and Prejudice in OCGA Evidence Exclusions

Date: Feb 22, 2025
Other-Act Evidence in Self-Defense Cases: Balancing Probative Value and Prejudice in OCGA Evidence Exclusions Introduction The present commentary discusses the Supreme Court of Georgia’s decision in...
Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g))

Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g))

Date: Feb 22, 2025
Sanction Calibration in Consent Discipline: Public Reprimand with One-Year Probation for Recidivist Failures in Diligence, Communication, and Refund Obligations (Pa.R.D.E. 215(g)) Introduction In...
Filing “With the Court” Under Property Code § 21.018(a) Means Filing With the Clerk (Including E‑Filing): Objection Period in Texas Condemnation Cases Starts Upon Clerk Filing

Filing “With the Court” Under Property Code § 21.018(a) Means Filing With the Clerk (Including E‑Filing): Objection Period in Texas Condemnation Cases Starts Upon Clerk Filing

Date: Feb 22, 2025
Filing “With the Court” Under Property Code § 21.018(a) Means Filing With the Clerk (Including E‑Filing): Objection Period in Texas Condemnation Cases Starts Upon Clerk Filing Introduction This per...
Pitts v. Rivas: Texas Supreme Court Formally Adopts the Anti‑Fracturing Rule and Clarifies Limits on Informal Fiduciary Duties in Professional Malpractice

Pitts v. Rivas: Texas Supreme Court Formally Adopts the Anti‑Fracturing Rule and Clarifies Limits on Informal Fiduciary Duties in Professional Malpractice

Date: Feb 22, 2025
Formal Adoption of the Anti‑Fracturing Rule and Contract‑Driven Limits on Informal Fiduciary Duties: Pitts v. Rivas Introduction In Pitts, et al. v. Rivas, et al., the Supreme Court of Texas...
Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska

Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska

Date: Feb 21, 2025
Establishing Imputed Income from Trust-Controlled Assets for Child Support Calculations: A New Precedent in Alaska Introduction This Judgment in the case of PETER CHAPMAN, Appellant, v. JULIA...
Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children

Date: Feb 21, 2025
Persistent Co‑Parenting Breakdown as a Material Change: Third Department Affirms Conversion to Sole Legal Custody and Civil Contempt for Withholding Children Introduction In Matter of Christine EE....
Direct Contradiction Equals a Nonretroactive “New Rule”: Bedell Not Retroactive on Collateral Review in Kentucky

Direct Contradiction Equals a Nonretroactive “New Rule”: Bedell Not Retroactive on Collateral Review in Kentucky

Date: Feb 21, 2025
Direct Contradiction Equals a Nonretroactive “New Rule”: Bedell Not Retroactive on Collateral Review in Kentucky Introduction In Commonwealth of Kentucky v. Calvin Andrew McKinney, decided February...
Montana ODC’s Complaint in In re Terry F. Schaplow: A Strong Warning Against Unsubstantiated Attacks on Judicial Integrity and Ex Parte Threats Under MRPC 3.1, 3.3, 3.5, 8.2, and 8.4

Montana ODC’s Complaint in In re Terry F. Schaplow: A Strong Warning Against Unsubstantiated Attacks on Judicial Integrity and Ex Parte Threats Under MRPC 3.1, 3.3, 3.5, 8.2, and 8.4

Date: Feb 21, 2025
Montana ODC’s Complaint in In re Terry F. Schaplow: A Strong Warning Against Unsubstantiated Attacks on Judicial Integrity and Ex Parte Threats Under MRPC 3.1, 3.3, 3.5, 8.2, and 8.4 Court: Supreme...
State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration

Date: Feb 21, 2025
State Facility Air Permits Are Not a Surrogate for SEQRA: 50% HAP Threshold on the EAF Requires a Hard Look and Reasoned Elaboration Introduction In Clean Air Action Network of Glens Falls, Inc. v....
Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment

Date: Feb 21, 2025
18 NYCRR 518.5 and 519.5."> Planned Medicaid Minimum-Wage Reconciliations Upheld, But DOH Must Provide 18 NYCRR 518/519 Notice and Hearing Before Recoupment Introduction In Garden of Eden Home, LLC,...
First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the Homeowner’s Exemption and May Be Liable as an Owner’s “Statutory Agent” Under Labor Law § 240(1)

Date: Feb 21, 2025
240(1), with analysis of ladder-collapse presumptions, sole proximate cause defense, and Labor Law § 200 supervisory control."> First Department Clarifies: Non-Titleholding Spouse Cannot Invoke the...
Once the Structure Is Gone, So Is the Case: Mississippi Supreme Court Holds § 11-51-75 Appeals Are Moot After Demolition and That Standing Must Persist Through Appeal; Judicial Admissions in Briefs Can Establish Mootness

Once the Structure Is Gone, So Is the Case: Mississippi Supreme Court Holds § 11-51-75 Appeals Are Moot After Demolition and That Standing Must Persist Through Appeal; Judicial Admissions in Briefs Can Establish Mootness

Date: Feb 21, 2025
Once the Structure Is Gone, So Is the Case: Mississippi Supreme Court Holds § 11-51-75 Appeals Are Moot After Demolition and That Standing Must Persist Through Appeal; Judicial Admissions in Briefs...
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