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  • Commentaries
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state Case Commentaries

Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824

Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824

Date: May 29, 2025
Refining Confession Admissibility: Interpreting “Slightest Hope of Benefit” and “Remotest Fear of Injury” under OCGA § 24-8-824 Introduction In Short v. State, decided May 28, 2025, the Supreme Court...
Exclusivity Requirement of Paragraph V: Suits for Declaratory Relief Must Be Brought Against the County Alone

Exclusivity Requirement of Paragraph V: Suits for Declaratory Relief Must Be Brought Against the County Alone

Date: May 29, 2025
Exclusivity Requirement of Georgia Constitution Article I, Section II, Paragraph V: Declaratory Relief Actions Must Be Brought Exclusively Against the County Introduction In Tussahaw Reserves, LLC et...
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance

Date: May 29, 2025
Clarifying “Absconded Supervision” in Probation Revocation: Standards for Reporting and Treatment Compliance Introduction In State of West Virginia v. Douglas G. Hill, Jr., No. 23-368 (W. Va. May 28,...
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court

Date: May 29, 2025
Spinoff Carve-Out for Equity Award Amendments and Demand Futility Clarified by Delaware Supreme Court Introduction This commentary examines the Supreme Court of Delaware’s decision in Vladimir...
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts

Date: May 29, 2025
Reasonable Response Time Under Ohio’s Public Records Act in High-Volume Contexts Introduction In State ex rel. Robinson v. Wesson, Slip Opinion No. 2025-Ohio-1874 (May 28, 2025), the Supreme Court of...
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause”

Date: May 29, 2025
Autonomy in Firearm Regulation Under Georgia’s Constitution: Upholding Paragraph VIII’s “Manner Clause” 1. Introduction Stephens v. State of Georgia, decided May 28, 2025 by the Supreme Court of...
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell

Date: May 29, 2025
Beyond Expiration: Appellate Review of Expired Extreme Risk Protection Orders – A Commentary on Matter of Orangetown Police Dept. v. Cashell 1. Introduction In Matter of Orangetown Police Department...
Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules

Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules

Date: May 29, 2025
Establishment of One-Year Suspension Standard for Client Abandonment Under Georgia Professional Conduct Rules Introduction In In the Matter of Nathaniel Watson Cochran (Supreme Court of Georgia,...
Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness

Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness

Date: May 29, 2025
Consent-Based License Revocation Under SCR 22.19 for Criminal Acts Reflecting on Attorney Fitness Introduction Office of Lawyer Regulation v. Leslie M. Smith, 2025 WI 19, represents a watershed in...
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release

Date: May 29, 2025
Montgomery v. King: Prejudice Requirement for Rule 11 Advisement of Supervised Release Introduction In Ryan Lloyd Montgomery v. Timothy King, Superintendent, Southwestern Regional Jail and...

    Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc.

Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc.

Date: May 29, 2025
Forum Non Conveniens, Foreign Law, and Waiver After In re Greyhound Lines, Inc. I. Introduction The Supreme Court of Texas’s per curiam decision in In re Greyhound Lines, Inc., No. 23-1035 (Tex. May...
Nonreceipt of Alternative Service and the First Craddock Prong: Commentary on Tabakman v. Tabakman

Nonreceipt of Alternative Service and the First Craddock Prong: Commentary on Tabakman v. Tabakman

Date: May 29, 2025
Nonreceipt of Alternative Service and the First Craddock Prong in Texas Default Judgments: Commentary on Jenna Tabakman v. Gary Tabakman, Supreme Court of Texas (Dec. 5, 2025) I. Introduction This...
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Date: May 29, 2025
Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights Introduction Sims v. State (S25A0058) and Glover v. State (S25A0150) were decided by the Supreme Court...
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Date: May 29, 2025
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence Introduction In Pollard v. State, 310 Ga. ___ (2025), the Supreme Court of...
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Date: May 29, 2025
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard Introduction This commentary examines the Supreme Court of Georgia’s decision in Docs of CT, LLC v. Biotek Services, LLC,...
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Date: May 29, 2025
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer Introduction State of West Virginia v. William Trampus Widmyer is a 2025 decision of the West...
Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Date: May 29, 2025
Plain-Language Recidivist Enhancement and Harmless-Error Limits on Post-Arrest Silence Cross-Examination Introduction State of West Virginia v. Andrew Miller is a criminal appeal decided by the...
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller

Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller

Date: May 29, 2025
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller Introduction In State of West Virginia v. Andrew Miller, the Supreme Court of Appeals of West...
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Date: May 29, 2025
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law Introduction Delgado v. State (Del. S. Ct., May 28, 2025) addresses the scope of...
Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Date: May 29, 2025
Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State Introduction State v. Wierson, decided May 28, 2025 by the Supreme Court of Georgia, clarifies the scope of Georgia’s two...
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