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state Case Commentaries

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference

Date: May 28, 2025
Question-by-Question Fifth Amendment Privilege in PDVA FRO Hearings: No Adverse Inference Introduction The Supreme Court of New Jersey’s decision in M.A. v. J.H.M. (2025) addresses a critical...
No Retained Jurisdiction Without an Initial Non‑Injury Showing: Site‑Specific Modeling Required for Conditional Groundwater Rights in Colorado

No Retained Jurisdiction Without an Initial Non‑Injury Showing: Site‑Specific Modeling Required for Conditional Groundwater Rights in Colorado

Date: May 28, 2025
No Retained Jurisdiction Without an Initial Non‑Injury Showing: Site‑Specific Modeling Required for Conditional Groundwater Rights in Colorado Case: Town of Firestone v. BCL Colorado LP, et al., 2025...
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority

Date: May 28, 2025
Automatic Dismissal of Youth Court Petitions under M. R. Civ. P. 41(a)(1) and Supervisory Control Authority Introduction This commentary examines the Supreme Court of Montana’s decision in Z.M.L. v....
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent

Date: May 28, 2025
State v. Summers: Dual‐Requirement Rule for Extending Traffic Stops—Particularized Suspicion and Voluntary Consent Introduction The Supreme Court of Montana reviewed the appeal of Donna Elizabeth...
Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin

Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin

Date: May 28, 2025
Reinforcing Stipulation-Based Reinstatement Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Kevin R. Rosin Introduction In Office of Lawyer Regulation v. Kevin R. Rosin, 2025 WI 18 (Wis. May...
Clarifying the Scope of R.C. 149.43(B)(8): Prosecutorial Personnel and Payroll Records Are Public

Clarifying the Scope of R.C. 149.43(B)(8): Prosecutorial Personnel and Payroll Records Are Public

Date: May 28, 2025
Clarifying the Scope of R.C. 149.43(B)(8): Prosecutorial Personnel and Payroll Records Are Public Introduction In State ex rel. Ware v. O’Malley (2025-Ohio-1855), the Supreme Court of Ohio resolved a...
Positive Newborn Drug Test Satisfies “Affected by Exposure”; Threat May Be Shown by Direct Substance Risk or Parental Incapacity — Colorado Supreme Court Clarifies § 19-3-102(1)(g)

Positive Newborn Drug Test Satisfies “Affected by Exposure”; Threat May Be Shown by Direct Substance Risk or Parental Incapacity — Colorado Supreme Court Clarifies § 19-3-102(1)(g)

Date: May 28, 2025
Positive Newborn Drug Test Satisfies “Affected by Exposure”; Threat May Be Shown by Direct Substance Risk or Parental Incapacity — Colorado Supreme Court Clarifies § 19-3-102(1)(g) Introduction In...
Directed Show of Authority, Not Mere Presence, Triggers a Seizure: People v. Ganaway (Colo. 2025)

Directed Show of Authority, Not Mere Presence, Triggers a Seizure: People v. Ganaway (Colo. 2025)

Date: May 28, 2025
Directed Show of Authority, Not Mere Presence, Triggers a Seizure: People v. Ganaway (Colo. 2025) Introduction In People v. Ganaway, 2025 CO 25 (Colo. May 27, 2025), the Colorado Supreme Court...
Colorado Supreme Court: Acceptance of a Post-Deadline Restitution Hearing Waives the 91-Day Statutory Right (People v. Roberson, 2025 CO 30)

Colorado Supreme Court: Acceptance of a Post-Deadline Restitution Hearing Waives the 91-Day Statutory Right (People v. Roberson, 2025 CO 30)

Date: May 28, 2025
Colorado Supreme Court: Acceptance of a Post-Deadline Restitution Hearing Waives the 91-Day Statutory Right Introduction In People v. Roberson, 2025 CO 30, the Colorado Supreme Court clarified the...
Judicial Composure and Impartiality: Suspension for Willful Violations of the Judicial Code of Ethics

Judicial Composure and Impartiality: Suspension for Willful Violations of the Judicial Code of Ethics

Date: May 28, 2025
Judicial Composure and Impartiality: Suspension for Willful Violations of the Judicial Code of Ethics Introduction Wisconsin Judicial Commission v. Ellen K. Berz (2025 WI 17) is a per curiam...
Strict Enforcement of Procedural Compliance Under Rule 17.09(A) and Timely Jurisdictional Filings

Strict Enforcement of Procedural Compliance Under Rule 17.09(A) and Timely Jurisdictional Filings

Date: May 28, 2025
Strict Enforcement of Procedural Compliance Under Rule 17.09(A) and Timely Jurisdictional Filings Introduction On May 27, 2025, the Supreme Court of Ohio issued its “Case Announcements”...
Reinstatement by Joint Stipulation Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Rosin

Reinstatement by Joint Stipulation Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Rosin

Date: May 28, 2025
Reinstatement by Joint Stipulation Under SCR 22.30(5)(b): Office of Lawyer Regulation v. Rosin Introduction Office of Lawyer Regulation v. Kevin R. Rosin, decided May 27, 2025 by the Supreme Court of...
Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions

Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions

Date: May 28, 2025
Discretion to Apply Former Court Rules Under MCR 1.102: Reinstating Case-Evaluation Sanctions Introduction In Giorgio Webster v. Dr. Jeffrey Osguthorpe, the Michigan Supreme Court addressed whether a...
Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence

Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence

Date: May 28, 2025
Nonresidential Community Corrections Is Not “Confinement” for Presentence Credit: Colorado Supreme Court Reaffirms Hoecher and Emphasizes Legislative Acquiescence Introduction In Bonde v. People,...
Illegal-Manner, Not Illegal-Sentence: Timeliness Challenges to Restitution Amounts under § 18-1.3-603(1)(b) Must Be Brought Within Crim. P. 35(b)’s Deadline

Illegal-Manner, Not Illegal-Sentence: Timeliness Challenges to Restitution Amounts under § 18-1.3-603(1)(b) Must Be Brought Within Crim. P. 35(b)’s Deadline

Date: May 28, 2025
Illegal-Manner, Not Illegal-Sentence: Timeliness Challenges to Restitution Amounts under § 18-1.3-603(1)(b) Must Be Brought Within Crim. P. 35(b)’s Deadline Introduction In Tennyson v. People, 2025...
Expanding the Scope of “Physician Who Treats” under Wisconsin’s Informed Consent Statute

Expanding the Scope of “Physician Who Treats” under Wisconsin’s Informed Consent Statute

Date: May 24, 2025
Expanding the Scope of “Physician Who Treats” under Wisconsin’s Informed Consent Statute Introduction This commentary examines the Wisconsin Supreme Court’s decision in Melissa A. Hubbard v. Carol J....
Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions: State v. Bowman (2025)

Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions: State v. Bowman (2025)

Date: May 24, 2025
Ensuring Jury Unanimity in Disjunctive Sexual‐Offense Instructions Introduction In State v. Bowman, 386 N.C. 1 (2025), the Supreme Court of North Carolina addressed a fundamental question: when a...
Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications

Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications

Date: May 24, 2025
Qualified Duty to Read: Contributory Negligence and Blank Insurance Applications Introduction Jones v. J. Kim Hatcher Insurance Agencies, Inc., decided by the Supreme Court of North Carolina on May...
Defining “Order” Under the NGWMPA: Quasi-Judicial Proceedings as a Prerequisite for Appeal

Defining “Order” Under the NGWMPA: Quasi-Judicial Proceedings as a Prerequisite for Appeal

Date: May 24, 2025
Defining “Order” Under the NGWMPA: Quasi-Judicial Proceedings as a Prerequisite for Appeal Introduction In Hauxwell v. Middle Republican NRD, 319 Neb. 28 (2025), the Nebraska Supreme Court addressed...
Denial of Settlement-Agreement Enforcement Not Immediately Appealable Under the Collateral Order Doctrine

Denial of Settlement-Agreement Enforcement Not Immediately Appealable Under the Collateral Order Doctrine

Date: May 24, 2025
Denial of Settlement-Agreement Enforcement Not Immediately Appealable Under the Collateral Order Doctrine Introduction This commentary examines the Supreme Court of the Northern Mariana Islands’...
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