state Case Commentaries

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality

Date: Feb 21, 2025

Thin Risk Screens Are Not Enough: Third Department Affirms Family Court’s Authority to Demand a Thorough Sex Offender Evaluation and Treatment Before Reunification, Despite Agency Neutrality...

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel

Date: Feb 21, 2025

County Lines Matter: Third Department Holds Different County DAs Are Not the Same “Party” for Criminal Collateral Estoppel Introduction In The People of the State of New York v. William Kent, 2025...

Email Service to the Attorney General Satisfies KRS 418.075—and Must Accompany Each Appeal; ALJ Discretion over AMA Guides Reaffirmed

Date: Feb 21, 2025

Email Service to the Attorney General Satisfies KRS 418.075—and Must Accompany Each Appeal; ALJ Discretion over AMA Guides Reaffirmed Introduction This memorandum opinion of the Supreme Court of...

Reaffirming ALJ Discretion in Kentucky PTD Awards: Minor Impairment and Temporary Return to Work Do Not Preclude PTD Under Stumbo/McNutt

Date: Feb 21, 2025

Reaffirming ALJ Discretion in Kentucky PTD Awards: Minor Impairment and Temporary Return to Work Do Not Preclude PTD Under Stumbo/McNutt Introduction In Pikeville Medical Center v. Baker, the Supreme...

Kentucky Supreme Court Clarifies “Resident Relative” for Unemancipated Minors: Undefined “Resides Primarily” Is Ambiguous; Physical Presence Is Not Controlling

Date: Feb 21, 2025

Kentucky Supreme Court Clarifies “Resident Relative” for Unemancipated Minors: Undefined “Resides Primarily” Is Ambiguous; Physical Presence Is Not Controlling Introduction In Jessica Hill v. State...

Deliberate Design May Form Moments Before—But Not At—the Fatal Act; Permissive Malice Inference from Deadly-Weapon Use Reaffirmed

Date: Feb 21, 2025

Deliberate Design May Form Moments Before—But Not At—the Fatal Act; Permissive Malice Inference from Deadly-Weapon Use Reaffirmed Introduction In Watts v. State (No. 2023-KA-00893-SCT, decided...

Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025)

Date: Feb 21, 2025

Opening-Statement Confrontation Violations and Pervasive Misconduct Bar Retrial Under Article II, Section 15: State v. Lensegrav (N.M. 2025) Introduction In State v. Desiree Lensegrav, the New Mexico...

Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration

Date: Feb 21, 2025

Clarifying the Extinguishment Rule in New Mexico: Dismissal With Prejudice of the Agent Does Not Bar Vicarious Liability Absent a Valid Release or Merits Exoneration Introduction In Trujillo v....

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons

Date: Feb 21, 2025

Storm-in-Progress Does Not Extinguish Structural Sidewalk Defect Claims; Municipality Shielded by Prior Written Notice While Abutting Landowners Face Special-Use Exposure for Driveway Aprons...

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72

Date: Feb 21, 2025

Unfounded Abuse Allegations Do Not Defeat Grandparent Visitation: Third Department Clarifies Standing and Best-Interests Under DRL § 72 Introduction In Dianne SS. v. Jamie TT., 2025 N.Y. Slip Op....

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility Determinations

Date: Feb 21, 2025

No Vouching, Full Cross-Examination: Third Department Orders New Trial and Severance Where Investigator Credibility Opinions and Cross-Examination Limits Skewed the Jury’s Core Credibility...

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification

Date: Feb 21, 2025

Custodial Gatekeeping as a Material Change: Third Department Holds that Refusal to Share Information and Flex Parenting Time Justifies Modification Introduction In In the Matter of Michelle EE. v....

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown

Date: Feb 21, 2025

Service Of Objections Must Be Made On Counsel: Third Department Declares Noncompliant Family Court Orders Void Where Prejudice Is Shown Introduction In In the Matter of Lea R. Andersen v. Christopher...

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases

Date: Feb 21, 2025

Ramirez Is Not a Constitutional Floor: First Department Upholds Fully Masked Voir Dire and Reaffirms Licensing as a Proviso in Weapon Possession Cases Introduction In The People of the State of New...

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary Judgment

Date: Feb 21, 2025

Third Department Clarifies: Internal Hospital Policies Do Not Define the Standard of Care in Fall-Risk Cases; Expert Disputes on 12‑Hour Reassessments and Assisted‑Fall Causation Preclude Summary...

No “Election-Case” Laches in Quo Warranto: Burden Remains on Respondent and Delay Runs from Unequivocal Ouster

Date: Feb 21, 2025

No “Election-Case” Laches in Quo Warranto: Burden Remains on Respondent and Delay Runs from Unequivocal Ouster Case: The State ex rel. N[gu y]en et al. v. Lawson et al., 2025-Ohio-507 (Supreme Court...

Jennings clarifies Utah’s bail standard: intent may be inferred from repeated stabbing; self-defense at bail requires both subjective belief and objective reasonableness

Date: Feb 21, 2025

Jennings clarifies Utah’s bail standard: intent may be inferred from repeated stabbing; self-defense at bail requires both subjective belief and objective reasonableness Introduction In State of Utah...

Violent-Offender Status Requires a Qualifying Offense of Conviction; Serial Drive‑By Shootings Are Properly Joined as “Same or Similar” Offenses

Date: Feb 21, 2025

KRS 439.3401, dismissal for grand jury misconduct, joinder of serial drive-by shootings, prosecutorial disqualification, and admissibility of inmate correspondence."> Violent-Offender Status Requires...

Pleading Controls: Kentucky Supreme Court Holds the Dog‑Bite Strict‑Liability Statute Cannot Defeat an Unpled Negligence Claim at the CR 12.02(f) Stage

Date: Feb 21, 2025

Pleading Controls: The Dog‑Bite Strict‑Liability Statute Does Not Bar a Common‑Law Negligence Claim That Was Not Pled Introduction In Kimberly Deramos v. Anderson Communities, Inc., the Supreme Court...

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search

Date: Feb 21, 2025

Constitutional Minimum, Not Perfection: Minor Deviations from Inventory-Search Policy Do Not Invalidate a Lawful Impound Search Introduction In The People of the State of New York v. Brandon...

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