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  • Commentaries
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state Case Commentaries

Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State)

Date: Apr 23, 2025
Rule 61 Applied As of Filing Date: Limits on Successive Postconviction Motions (Washington v. State) Introduction Washington v. State, decided April 22, 2025 by the Supreme Court of Delaware,...
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge

Date: Apr 23, 2025
Clarifying the Standard for Substitute Counsel and Initial Inquiry in Post-Plea Complaints: State v. Rutledge Introduction In State v. Rutledge, 2025 MT 79N, the Supreme Court of Montana addressed...
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations

Date: Apr 23, 2025
Juvenile Speedy-Trial Rights: Excluding Pre-Petition Voluntary Treatment from Delay Calculations Introduction In Matter of L.S., Youth (2025 MT 77), the Supreme Court of Montana considered whether a...
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Limits on Closing Advisory Council Meetings under Montana Open Meetings Law

Date: Apr 23, 2025
Limits on Closing Advisory Council Meetings under Montana Open Meetings Law Introduction In Choteau Acantha Publishing, Inc. and Montana Free Press v. Greg Gianforte and Jennifer Stutz (2025 MT 76),...
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel

Date: Apr 23, 2025
Enforceability of Waiver and Res Judicata in Successive Habeas Corpus Petitions and Limits of Ineffective Assistance of Habeas Counsel Introduction This commentary examines the Supreme Court of...
Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment

Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment

Date: Apr 23, 2025
Sworn Report as Sole Basis for DUI License Revocation under Oklahoma’s 2019 §753(A) Amendment Introduction Christopher Couch v. State of Oklahoma ex rel. Dept. of Public Safety (2025 OK 26) presented...
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions

Date: Apr 23, 2025
Exhaustion of Least Restrictive Alternatives Before Residential Treatment in Juvenile Delinquency Dispositions Introduction This commentary examines the Supreme Court of Appeals of West Virginia’s...
Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment

Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment

Date: Apr 23, 2025
Ambiguous Post-Closing Waivers Do Not Bar Fraud Claims & Toll Survival Periods by Fraudulent Concealment Introduction In LGM Holdings, LLC v. Gideon Schurder, 290 A.3d 1 (Del. 2025), the Delaware...
Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Temporary Physical Custodianship and the Inference of Sexual Gratification under WV Sexual Abuse Statutes

Date: Apr 23, 2025
Temporary Physical Custodianship and the Inference of Sexual Gratification under West Virginia Sexual Abuse Statutes Introduction The Supreme Court of Appeals of West Virginia’s decision in State of...
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act

Date: Apr 22, 2025
Emergency Medical Dispatcher Immunity: EMSA Governs Liability Over Enhanced 911 Act Introduction Ferlic v. Mesilla Valley Regional Dispatch Authority, decided April 21, 2025 by the Supreme Court of...
Colorado Supreme Court Declares No Willful-and-Wanton Exception to the Economic Loss Rule

Colorado Supreme Court Declares No Willful-and-Wanton Exception to the Economic Loss Rule

Date: Apr 22, 2025
Colorado Supreme Court Declares No Willful-and-Wanton Exception to the Economic Loss Rule Introduction In Mid-Century Insurance Company v. HIVE Construction, Inc., 567 P.3d 153, 2025 CO 17 (Colo....

    Express Legislative Direction Required to Limit the Texas Attorney General’s Quo Warranto Authority:
    Commentary on Paxton v. Annunciation House

Express Legislative Direction Required to Limit the Texas Attorney General’s Quo Warranto Authority: Commentary on Paxton v. Annunciation House

Date: Apr 22, 2025
Express Legislative Direction Required to Limit the Texas Attorney General’s Quo Warranto Authority: A Commentary on Paxton v. Annunciation House I. Introduction In Warren Kenneth Paxton, Jr., in his...
Anti‑Speculation Doctrine Does Not Apply to Water Court Review of Amendments to Augmentation Plans for Not‑Nontributary Denver Basin Groundwater

Anti‑Speculation Doctrine Does Not Apply to Water Court Review of Amendments to Augmentation Plans for Not‑Nontributary Denver Basin Groundwater

Date: Apr 22, 2025
Anti‑Speculation Doctrine Does Not Apply to Water Court Review of Amendments to Augmentation Plans for Not‑Nontributary Denver Basin Groundwater Case: Franktown Citizens Coalition II, Inc. and West...
Abandonment of Termination in Parental-Rights Cases: Binding Effect of DFPS’s In-Court Statements in D.V. v. Texas Department of Family and Protective Services

Abandonment of Termination in Parental-Rights Cases: Binding Effect of DFPS’s In-Court Statements in D.V. v. Texas Department of Family and Protective Services

Date: Apr 22, 2025
Abandonment of Termination in Parental-Rights Cases: Binding Effect of DFPS’s In-Court Statements in D.V. v. Texas Department of Family and Protective Services I. Introduction In D.V. v. Texas...
Extension of Freestanding Actual Innocence Claims to Plea Convictions

Extension of Freestanding Actual Innocence Claims to Plea Convictions

Date: Apr 22, 2025
Extension of Freestanding Actual Innocence Claims to Plea Convictions Introduction This commentary examines the Supreme Court of New Mexico’s decision in State v. Green, No. S-1-SC-39283 (Apr. 21,...
Leasing the Burden: Default Ownership of Incidentally Produced Groundwater in Texas Oil-and-Gas Leases — Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Leasing the Burden: Default Ownership of Incidentally Produced Groundwater in Texas Oil-and-Gas Leases — Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Apr 22, 2025
Leasing the Burden: Default Ownership of Incidentally Produced Groundwater in Texas Oil-and-Gas Leases Commentary on Cactus Water Services, LLC v. COG Operating, LLC (Tex. 2025) I. Introduction The...
Decoupling “Practicable to Proceed” from Probable Cause: The Supreme Court of Texas Clarifies Juvenile Transfer Good-Cause Requirements in In the Matter of J.J.T.

Decoupling “Practicable to Proceed” from Probable Cause: The Supreme Court of Texas Clarifies Juvenile Transfer Good-Cause Requirements in In the Matter of J.J.T.

Date: Apr 22, 2025
Decoupling “Practicable to Proceed” from Probable Cause: The Supreme Court of Texas Clarifies Juvenile Transfer Good-Cause Requirements in In the Matter of J.J.T. I. Introduction In In the Matter of...
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute

Date: Apr 22, 2025
Rule of Lenity and Statutory Ambiguity in Pretrial Home Incarceration under the Escape Statute Introduction In State of West Virginia v. Corbett Maurice Carter (No. 23-277, decided April 21, 2025),...
Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence

Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence

Date: Apr 22, 2025
Holliday v. Wyoming: Limits on Prosecutorial Vouching and Harmless Error in Identity Evidence Introduction William Corey Holliday v. The State of Wyoming, 2025 WY 44, is a Wyoming Supreme Court...
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule

Date: Apr 22, 2025
No Exception for Willful and Wanton Conduct Under Colorado’s Economic Loss Rule Introduction In Mid-Century Insurance Company, as subrogee of Masterpiece Kitchen, v. HIVE Construction, Inc. (2025 CO...
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