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  • Commentaries
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state Case Commentaries

Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State

Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State

Date: May 14, 2025
Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State 1. Introduction Weston v. State, decided by the Supreme Court of Georgia on May 13, 2025, addresses two central...
Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State

Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State

Date: May 14, 2025
Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State Introduction McIver v. State, decided May 13, 2025 by the Supreme Court of Georgia,...
State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass

State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass

Date: May 14, 2025
State v. Irving Johnson: Enforcing Rule 12 Notice Requirements and Declining Recognition of a Claim-of-Right Defense in Trespass Introduction In State v. Irving Johnson, 2025 R.I. LEXIS ___, the...
Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025)

Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025)

Date: May 14, 2025
Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025) Introduction Dougherty v. State is a landmark decision from the Supreme Court of...
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings

Date: May 14, 2025
Mandatory Consideration of Elapsed “Street Time” Credit in Montana Revocation Proceedings Introduction Williams v. Green, 2025 MT 102 (Mont. May 13, 2025), presents an important interpretive ruling...
Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims

Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims

Date: May 14, 2025
Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims Introduction This commentary examines the Supreme Court of Georgia’s decision in Cox-Ott v....
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations

Date: May 14, 2025
Jurisdictional Trigger for Credit Accrual in Montana Sentencing and Revocations Introduction State of Montana v. William James Pillans (2025 MT 100) is a Supreme Court of Montana decision clarifying...
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Date: May 14, 2025
Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence Introduction In Statham v. Quang (S24G0842), decided May 13, 2025 by the Supreme Court of Georgia, the Court...
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Date: May 14, 2025
Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief Introduction Case Name: Joseph, Warden v. Ingram (and Vice Versa) Court: Supreme...
Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Admissibility and Primacy of Child Advocacy Center Interviews in West Virginia Abuse & Neglect Proceedings

Date: May 14, 2025
Admissibility and Primacy of CAC Interviews in West Virginia Abuse & Neglect Proceedings Introduction In In re K.H.-1, Z.H., N.H., C.H. & W.H., the Supreme Court of Appeals of West Virginia addressed...
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act

Date: May 14, 2025
Clarifying Effective Warranty Disclaimers and Cure Opportunities Under Indiana Law and the Magnuson-Moss Warranty Act Introduction This commentary examines the Indiana Supreme Court’s decision in...
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit

Date: May 14, 2025
State v. Pajnich: Plea-Agreement Waiver of Elapsed Time Credit Introduction In State v. Susan Joanne Pajnich, 2025 MT 101, the Supreme Court of Montana addressed whether a defendant who has agreed,...
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114

Date: May 14, 2025
In re L.T. and I.T.: Suitability Determination as a Prerequisite to Grandparent Home Studies Under W. Va. Code § 49-4-114 Introduction The Supreme Court of Appeals of West Virginia decided In re L.T....
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Date: May 14, 2025
Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L.

Date: May 14, 2025
Active Efforts under ICWA and Termination of Parental Rights: Matter of J.T.L. Introduction The Supreme Court of Montana’s decision in Matter of J.T.L., 2025 MT 98, clarifies how “active efforts”...
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12)

Date: May 14, 2025
Clarifying Willfulness in Unemployment Benefits Fraud under Idaho Code §72-1366(12) Introduction The Supreme Court of Idaho’s decision in Flynn v. Sun Valley Brewing Company, 50921 (May 13, 2025),...
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity

Date: May 14, 2025
Mandate for Comprehensive Fact-Finding in Declaratory Challenges to Zoning Ordinance Validity Introduction Koziol Firearms, Inc. v. Kevin Marchand, in his capacity as member of the Zoning Board of...
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions

Date: May 14, 2025
Curable Indictment Amendments Are Non-Jurisdictional; Prejudice-Driven Relief for Erroneous Felony-Murder Jury Instructions Introduction In Kellam v. State, 317 A.3d 289 (Del. 2025), the Delaware...
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent

Date: May 14, 2025
Clarifying Accrual of Credit for Time Served and Elapsed Time in Montana: State v. Pillans Precedent Introduction In State of Montana v. William James Pillans (2025 MT 100), the Montana Supreme Court...
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases

Date: May 14, 2025
Clarifying “Active Efforts” Under ICWA and the Presumptive Termination Rule in Montana Dependency Cases Introduction Matter of D.L.L. & J.T.L., 2025 MT 98 (Mont. 2025), is a Supreme Court of Montana...
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