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  • Commentaries
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state Case Commentaries

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities

Date: May 2, 2025
Part I, Article 2-b Enshrines Privacy: Limiting In Camera Review of Privileged Records Held by Private Entities Introduction The Supreme Court of New Hampshire’s decision in State v. Zarella, 2025...
Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax

Date: May 2, 2025
Separateness of Third-Party Freight Transactions Exempts Them from Mississippi Use Tax Introduction Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC (No. 2023-SA-01079-SCT) is...
The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

The Immutable-Conviction-Date Rule: Matter of Trubitsky (2025)

Date: May 2, 2025
The Immutable-Conviction-Date Rule for Automatic Disbarment Commentary on Matter of Trubitsky, 2025 NY Slip Op 02649 (1st Dept.) Introduction Matter of Trubitsky presents a straightforward but...
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline

Date: May 2, 2025
“Nunc Pro Tunc Reciprocity” – Matter of Stafford Establishes Equitable Timing in Cross-Jurisdictional Attorney Discipline Introduction Matter of Stafford (2025 NY Slip Op 02648) is a First Department...
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard

Date: May 2, 2025
Due Process Limits on Prosecutorial Refiling: Clarifying the Brickey Standard Introduction State of Utah v. Kyli Jenae Labrum (2025 UT 12) presented the Supreme Court of Utah with the question...
Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701

Date: May 2, 2025
Permissibility of Specialized Lay Opinion under Arkansas Rule of Evidence 701 Introduction Devon Romick v. State of Arkansas, 2025 Ark. 57, is a landmark decision by the Supreme Court of Arkansas...
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing

Date: May 2, 2025
Appointment Timing of Wrongful Death Personal Representatives and Statutory Standing Introduction Lopez v. Presbyterian Healthcare Services, decided May 1, 2025 by the Supreme Court of New Mexico,...
Act, Error, or Omission Trigger in Professional Negligence: Substantial-Factor Approach Under Wyo. Stat. § 1-3-107

Act, Error, or Omission Trigger in Professional Negligence: Substantial-Factor Approach Under Wyo. Stat. § 1-3-107

Date: May 2, 2025
Act, Error, or Omission Trigger in Professional Negligence: Substantial-Factor Approach Under Wyo. Stat. § 1-3-107 Introduction This commentary examines the certified-answer decision in Bankers...
Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C)

Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C)

Date: May 2, 2025
Automatic Suspension and Deemed Surrender: Enforcement of Annual Attorney-License Fees under Rule VII(C) Introduction The Supreme Court of Arkansas issued a per curiam order on May 1, 2025, in In Re...
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims

Date: May 2, 2025
Exhaustion of Administrative Remedies Required in Unemployment Compensation Overpayment Claims Introduction This commentary examines the Supreme Court of West Virginia’s decision in State ex rel....
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified

Date: May 2, 2025
Right to Resentencing for Appeal When Counsel Fails to File: Hearing Requirement Clarified Introduction In State of West Virginia v. Aron Freeland, the Supreme Court of Appeals of West Virginia...
The Essential Volitional Nature of Marriage and Divorce and the Limits of Guardian-Initiated Dissolutions in Texas

The Essential Volitional Nature of Marriage and Divorce and the Limits of Guardian-Initiated Dissolutions in Texas

Date: May 2, 2025
The Essential Volitional Nature of Marriage and Divorce and the Limits of Guardian-Initiated Dissolutions in Texas I. Introduction This commentary analyzes Chief Justice James D. Blacklock’s...
Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties: Whitehead v. City of Oakland

Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties: Whitehead v. City of Oakland

Date: May 2, 2025
Invalidation of Public Entity Exculpatory Waivers for Statutory Road-Maintenance Duties Introduction In Whitehead v. City of Oakland (2025), the Supreme Court of California confronted the question...
Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing

Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing

Date: May 2, 2025
Ford v. State: Affirming “Cruel, Wicked, and Depraved” Indifference in Fatal Vehicular Racing Introduction This commentary examines the Delaware Supreme Court’s decision in Ford v. State, decided May...
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Date: May 2, 2025
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby Introduction In State of Oregon v. Randall Richard Kilby (373 Or 557, May...
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea in People v. Sabb (2025)

Date: May 2, 2025
“Separate-and-Distinct-Acts” Re-Defined: Consecutive Sentencing Limited to Facts Admitted at Plea A Commentary on People v. Sabb, 238 A.D.3d 1212 (3d Dep’t 2025) 1. Introduction People v. Sabb arises...
Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171

Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171

Date: May 2, 2025
Validity of Local Administrative‐Personnel Suspension Policies Under R.C. 3319.171 Introduction In State ex rel. Ruble et al. v. Switzerland of Ohio Local School District Board of Education...
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Date: May 2, 2025
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability 1. Introduction Adelsperger v. Elkside Development LLC, 373 Or 621 (2025), arises from a...
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal

Date: May 2, 2025
Ensuring the Right to Appeal: Resentencing When Counsel Fails to File a Requested Appeal Introduction State of West Virginia v. Aron Freeland arose from Monongalia County Circuit Court proceedings in...
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers

Date: May 2, 2025
Limits on Pension Correction under WV Code §5-10-44: Exclusion of DNR Subsistence Allowance for Active Officers Introduction Robert Clark and a group of current and retired Natural Resources Police...
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