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  • Commentaries
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state Case Commentaries

Strict Limitation on the Disclosure of Psychological Test Materials in Civil Proceedings

Strict Limitation on the Disclosure of Psychological Test Materials in Civil Proceedings

Date: Feb 20, 2025
Strict Limitation on the Disclosure of Psychological Test Materials in Civil Proceedings Introduction The recent Iowa Supreme Court decision in Jessenia Burton, Nancy Burton, and Tracy Burton v. West...
Clarifying Sentencing Discretion: Misapplication of Statutory Fine Ranges in Class "C" Felony Cases

Clarifying Sentencing Discretion: Misapplication of Statutory Fine Ranges in Class "C" Felony Cases

Date: Feb 20, 2025
Clarifying Sentencing Discretion: Misapplication of Statutory Fine Ranges in Class "C" Felony Cases Introduction The case of State of Iowa, Appellee, v. Taylor Christopher Smith, Appellant presents a...
Clarifying the Non-Merger Principle: Distinct Elements of Attempted Murder and Assault Offenses

Clarifying the Non-Merger Principle: Distinct Elements of Attempted Murder and Assault Offenses

Date: Feb 20, 2025
Clarifying the Non-Merger Principle: Distinct Elements of Attempted Murder and Assault Offenses Introduction In the case of State of Iowa, Appellee, v. Gerry Harland Greenland, Appellant, the Supreme...
New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients

New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients

Date: Feb 20, 2025
New Precedent in Attorney Misconduct: Disbarment for Exploitation of Vulnerable Clients Introduction The Judgment in the matter of Nathan Pearson, Respondent, delivered by the Supreme Court of...
Tolling Limitations and Voluntary Dismissals: Clarifying Supplemental Jurisdiction and Governmental Immunity in Wrongful Death Claims

Tolling Limitations and Voluntary Dismissals: Clarifying Supplemental Jurisdiction and Governmental Immunity in Wrongful Death Claims

Date: Feb 20, 2025
Tolling Limitations and Voluntary Dismissals: Clarifying Supplemental Jurisdiction and Governmental Immunity in Wrongful Death Claims Introduction The case of Jeffery Bray and Michelle Bray, acting...
New Precedent on Felony Enhancement: Timing of Guilty Pleas under Idaho Code §18-918(5)

New Precedent on Felony Enhancement: Timing of Guilty Pleas under Idaho Code §18-918(5)

Date: Feb 20, 2025
New Precedent on Felony Enhancement: Timing of Guilty Pleas under Idaho Code §18-918(5) Introduction The Supreme Court of Idaho, in its decision for STATE OF IDAHO v. GREGG ALAN HOOVER, has clarified...
Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims

Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims

Date: Feb 20, 2025
Reinstating the Full Scope of Final Judgment: Individual and Alter Ego Liability in UDAP Claims Introduction The case of Elesther Calipjo v. Jack Purdy; Regal Capital Corporation; Regal Capital...
Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska

Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska

Date: Feb 20, 2025
Full Guardianship and the Exhaustion of Less Restrictive Alternatives: A Landmark Decision in Alaska Introduction The Supreme Court of Alaska’s decision in In the Matter of the Protective Proceedings...
New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation

New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation

Date: Feb 20, 2025
New Precedent: Recognizing Capacity‐Based Conflicts of Interest in Indigent Defense Representation Introduction The case of Office of Public Advocacy v. Superior Court, First Judicial District...
Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA

Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA

Date: Feb 20, 2025
Expanding Standing in Environmental Regulation: Redefining "Interested Person" Under the APA Introduction In the case of Michelle Stone Bittner v. State of Alaska, Board of Game; and Douglas...
Vacating Child Custody Orders Rendered Without Proper Jurisdiction: A New Precedent under Alaska’s UCCJEA

Vacating Child Custody Orders Rendered Without Proper Jurisdiction: A New Precedent under Alaska’s UCCJEA

Date: Feb 20, 2025
Vacating Child Custody Orders Rendered Without Proper Jurisdiction: A New Precedent under Alaska’s UCCJEA Introduction The present case involves Dawn D. Maynor, formerly known as Dawn D. Golden, and...
Binder Acceptance and Assent: Expanding the Reach of Arbitration in Insurance Contracts

Binder Acceptance and Assent: Expanding the Reach of Arbitration in Insurance Contracts

Date: Feb 20, 2025
Binder Acceptance and Assent: Expanding the Reach of Arbitration in Insurance Contracts Introduction In American Bankers Insurance Company of Florida v. Francine Pickett, the Supreme Court of Alabama...
Establishing Judicial Impartiality: Denial of Recusal in Woodruff Cases

Establishing Judicial Impartiality: Denial of Recusal in Woodruff Cases

Date: Feb 20, 2025
Establishing Judicial Impartiality: Denial of Recusal in Woodruff Cases Introduction The case at hand, formally titled “Ex parte John Michael Woodruff In re: John Michael Woodruff v. State of...
“Must Be Awarded” Means Mandatory: South Dakota DOH Must Issue Vacated Medical Cannabis Certificates to Next Lottery Waitlist Applicant Without Reapplication; Mandamus Lies for Agency Inaction Absent an Available Administrative Remedy

“Must Be Awarded” Means Mandatory: South Dakota DOH Must Issue Vacated Medical Cannabis Certificates to Next Lottery Waitlist Applicant Without Reapplication; Mandamus Lies for Agency Inaction Absent an Available Administrative Remedy

Date: Feb 20, 2025
“Must Be Awarded” Means Mandatory: South Dakota DOH Must Issue Vacated Medical Cannabis Certificates to Next Lottery Waitlist Applicant Without Reapplication; Mandamus Lies for Agency Inaction Absent...
Per Diem Pain-and-Suffering Arguments Are Permissible—Subject to Trial Court Discretion: Weiland v. Bumann (2025 S.D. 9)

Per Diem Pain-and-Suffering Arguments Are Permissible—Subject to Trial Court Discretion: Weiland v. Bumann (2025 S.D. 9)

Date: Feb 20, 2025
Per Diem Pain-and-Suffering Arguments Are Permissible—Subject to Trial Court Discretion: Weiland v. Bumann (2025 S.D. 9) Introduction In Weiland v. Bumann, 2025 S.D. 9, the Supreme Court of South...
Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms

Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms

Date: Feb 19, 2025
Redefining Contract Formation in Lease Agreements: The Role of Post-Performance Incorporation of Terms Introduction The Judgment in Gravity Oilfield Services, LLC v. Valence Natural Gas Solutions LLC...
New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law

New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law

Date: Feb 19, 2025
New Precedent on Custody Modification: Emphasizing Evidence-Based Best-Interest Determinations in Family Law Introduction The case of Derek Lincoln v. Taylor Oxley represents a significant...
Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent

Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent

Date: Feb 19, 2025
Affirmation of Service and Standing in Child Support Proceedings: A Delaware Supreme Court Precedent Introduction The Delaware Supreme Court recently issued a ruling in the case of Caleb Ravin v....
Clarifying Mens Rea in Child Pornography Reproduction: Insights from Iverson v. The State of Wyoming

Clarifying Mens Rea in Child Pornography Reproduction: Insights from Iverson v. The State of Wyoming

Date: Feb 19, 2025
Clarifying Mens Rea in Child Pornography Reproduction: Insights from Iverson v. The State of Wyoming Introduction The case of Matthew Scott Iverson v. The State of Wyoming (2025 WY 19) addresses a...
Withdrawal of Guilty Plea: Balancing Defendant Misgivings Against Judicial Efficiency Under W.R.Cr.P. 32(d)

Withdrawal of Guilty Plea: Balancing Defendant Misgivings Against Judicial Efficiency Under W.R.Cr.P. 32(d)

Date: Feb 19, 2025
Withdrawal of Guilty Plea: Balancing Defendant Misgivings Against Judicial Efficiency Under W.R.Cr.P. 32(d) Introduction The case of Edward Eugene Robertson v. The State of Wyoming (2025 WY 18)...
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