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  • Commentaries
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state Case Commentaries

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Date: May 29, 2025
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims Introduction Redd v. Brooklyn Friends School, 238...
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Date: May 29, 2025
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State Introduction The Delaware Supreme Court’s decision in Gibson v. State (No. 111, 2024, decided May 28, 2025) reaffirms...
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Date: May 29, 2025
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209 Introduction This case arises from a domestic-relations dispute between James M. (the father and...
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Date: May 29, 2025
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions Introduction Porter v. State, decided by the Supreme Court of Georgia on May 28, 2025, considered...
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Date: May 29, 2025
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions Introduction This commentary examines the Supreme Court of Georgia’s...
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Date: May 29, 2025
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20 Introduction In Glover v. State, decided May 28, 2025, the Supreme Court of Georgia...
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Date: May 29, 2025
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests Introduction This commentary examines the Supreme Court of Georgia’s decision in Dean v. State...
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Date: May 29, 2025
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions Introduction Craft v. State, decided May 28, 2025, by the Supreme Court of Georgia, addresses the scope of plain error...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Date: May 29, 2025
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Date: May 29, 2025
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Date: May 29, 2025
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Date: May 29, 2025
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43 Introduction Matter of Santman v. Satterthwaite (2025 NY Slip Op 03196, 238 AD3d 1156) required the...
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Date: May 29, 2025
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability Introduction In Hervey v. Northern Westchester...
Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4)

Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4)

Date: May 29, 2025
Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4) Introduction This commentary examines the Supreme Court of Georgia’s decision in In the...
Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration

Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration

Date: May 29, 2025
Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration Introduction In In the Matter of Johnbull Okechukwu Nwosu, 318 Ga. 600 (May 28, 2025), the Supreme Court of...
Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State

Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State

Date: May 29, 2025
Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State Introduction This commentary examines the landmark decision in French v. State, decided May 28, 2025, by...
State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense

State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense

Date: May 29, 2025
State of West Virginia v. Phillips: Upholding Fair Trial Standards and Clarifying Imperfect Self-Defense Introduction State of West Virginia v. Joshua Marcellus Phillips was decided by the Supreme...
Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases

Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases

Date: May 29, 2025
Clarification of Damages Certainty Requirement and Discretionary Attorney’s Fees in Breach of Contract Cases Introduction In Rick Holloway and John Hoskin v. Hidden Creek Outfitters, LLC and Park...
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference

Date: May 29, 2025
Clarifying Prejudice in Ineffective Assistance Claims: Collateral Injury Evidence and Extreme Indifference Introduction Mitchell Rivers v. State of South Carolina (No. 28285, May 28, 2025) addresses...
Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson

Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson

Date: May 29, 2025
Ohio Supreme Court Restricts Statutory Damages in Public-Records Mandamus: State ex rel. Robinson v. Wesson Introduction The Supreme Court of Ohio’s May 28, 2025 announcement in State ex rel....
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