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state Case Commentaries

Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025)

Date: May 10, 2025
Mandatory Joinder of Vacancy-Filling Committees in Election Challenges: A Commentary on Matter of Wohl v. Bruen (2025) 1. Introduction In Matter of Wohl v. Bruen, 238 A.D.3d 818 (2d Dep’t 2025), the...
State v. Young: Kansas Supreme Court clarifies “prior criminal activity” vs. Sentencing Guidelines “criminal history” and reaffirms the extraordinary showing required to mitigate a hard 50 to a hard 25

State v. Young: Kansas Supreme Court clarifies “prior criminal activity” vs. Sentencing Guidelines “criminal history” and reaffirms the extraordinary showing required to mitigate a hard 50 to a hard 25

Date: May 10, 2025
State v. Young: Clarifying “Prior Criminal Activity” and Reaffirming the High Bar for Hard‑50 Mitigation Introduction In State v. Young (Kan. May 9, 2025), the Kansas Supreme Court affirmed...
Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief

Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief

Date: May 9, 2025
Recognition of Area Identification Signs as a Distinct Category under Municipal Code and Standing Limitations for Writ Relief Introduction This commentary examines the Supreme Court of Nevada’s...
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident

Date: May 9, 2025
Strict Construction of School Board Sovereign Immunity Waiver Under Code § 22.1-194: Requirement of a Vehicle Involved in an Accident Introduction This commentary examines the Supreme Court of...
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91)

Date: May 9, 2025
Clarifying Jury Polling, Evidentiary Preservation, and Sentencing Standards: State v. Taylor (2025 ND 91) Introduction State of North Dakota v. Jesse Taylor, Jr. arose from a transfer of a juvenile...
Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114

Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114

Date: May 9, 2025
Defining “Substantially Different Harms”: Affirmation of the Double Jeopardy Exception Under Ark. Code Ann. § 5-1-114 Introduction This case commentary examines the Supreme Court of Arkansas’s...
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence

Date: May 9, 2025
Johnson v. State: Clarifying the Scope of the Sixth Amendment Right to Present a Defense and the Exclusion of Irrelevant Sexual Conduct Evidence Introduction In Johnson v. State, 2025 WL ____ (Del....
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Date: May 9, 2025
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood Introduction M.R. v. State of Washington was decided by the Washington Supreme Court...
Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code

Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code

Date: May 9, 2025
Recognition of Area Identification Signs as a Distinct Category under the Reno Municipal Code (RMC) Introduction In City of Reno v. Scenic Nevada, Inc. (Nos. 87514 & 87549, May 8, 2025), the Supreme...
Limitation of NRS 484E.040 to Public Highways: Private Property Excluded

Limitation of NRS 484E.040 to Public Highways: Private Property Excluded

Date: May 9, 2025
Limitation of NRS 484E.040 to Public Highways: Private Property Excluded Introduction This commentary examines the Supreme Court of Nevada’s advance opinion in Urias (Brandon) v. District Court...
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions

Date: May 9, 2025
Qualified Immunity and Administrative Remedy Exhaustion in Regulatory License Actions Introduction ND Indoor RV Park, LLC (“the Park”) challenged the State of North Dakota’s decision—through the...
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

Date: May 9, 2025
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment Introduction In State of Washington v. Gator’s Custom Guns, Inc., No. 102940-3 (May 8, 2025),...
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act

Date: May 9, 2025
Reaffirming the Public Benefit Requirement Under New Mexico’s Whistleblower Protection Act Introduction Lerma v. State, decided May 8, 2025 by the Supreme Court of New Mexico, resolved a deep...
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified

Date: May 9, 2025
Defining the Scope of Releases in Settlement Agreements: “Unnamed Third Parties” Exception Clarified Introduction This commentary examines the 2025 North Dakota Supreme Court decision in ICON HD, LLC...
Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement

Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement

Date: May 9, 2025
Prof.Cond.R.1.6 Violations: Sanction for Unauthorized Disclosure to Law Enforcement Introduction Dayton Bar Association v. Daly, Slip Opinion No. 2025-Ohio-1624 (May 8, 2025), represents a...
Express Statutory Designation Mandate for Parole Ineligibility Under Act 683

Express Statutory Designation Mandate for Parole Ineligibility Under Act 683

Date: May 9, 2025
Express Statutory Designation Mandate for Parole Ineligibility Under Act 683 Introduction This commentary examines the Arkansas Supreme Court’s decision in Arkansas Post-Prison Transfer Board, et al....
Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults

Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults

Date: May 9, 2025
Establishing Self-Defense Jury Instruction Standards for Deadly Force in Vehicle Assaults Introduction Bryant Ross Montoya v. State of Wyoming, 2025 WY 52 (May 8, 2025), is a Supreme Court of Wyoming...
Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified

Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified

Date: May 9, 2025
Landlord Non-Liability for Tenant’s Concealed Dog under a “No-Pet” Lease: Actual or Constructive Knowledge Requirement Clarified Introduction TLM Investments, LLC v. Shanda Yates, decided by the...
Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Predominant Intent Requirement for Statutory No-Fault Separation Divorce

Date: May 9, 2025
Predominant Intent Requirement for Statutory No-Fault Separation Divorce Introduction Lisann v. Lisann is a 2025 decision of the Supreme Court of Virginia resolving a novel question about the intent...
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle

Date: May 9, 2025
Clarifying “Marriage Duration” and Res Judicata in Equitable Distribution: Nagle v. Nagle Introduction Nagle v. Nagle, 2025 ND 94, is a landmark decision by the Supreme Court of North Dakota issued...
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