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  • Commentaries
  • Judgments

state Case Commentaries

Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith

Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith

Date: Apr 18, 2025
Reaffirmation of the Rebuttable Automobile Presumption for Constructive Possession in People v. Smith Introduction People v. Smith (2025 NYSlipOp 02244) was decided by the Appellate Division, Third...
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

Date: Apr 18, 2025
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b) Introduction State v. Akins, 373 Or 506 (2025), is a decision of the Supreme...
Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand

Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand

Date: Apr 18, 2025
Clarifying Statutory Grounds for Parental Rights Termination: A Reversal and Remand Introduction IN RE: PARENTAL RIGHTS AS TO G.V. is a landmark decision by the Supreme Court of Nevada, filed April...
Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8)

Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8)

Date: Apr 18, 2025
Judicial Finding Requirement for Incarcerated Requesters under R.C. 149.43(B)(8) Introduction State ex rel. Mack v. Ohio State Highway Patrol Central Records (2025-Ohio-1332) arises from a pro se...
Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction

Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction

Date: Apr 18, 2025
Establishing Mootness of Pretrial Bail Habeas Corpus Claims Upon Subsequent Conviction Introduction This commentary examines the Supreme Court of Ohio’s decision in Hayes v. Baldwin, Slip Opinion No....
Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT.

Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT.

Date: Apr 18, 2025
Derivative Nature of Shareholder Fiduciary Duty Claims in Bankruptcy: BLACK v. DIST. CT. Introduction In BLACK v. DIST. CT. (GOODCHILD), 141 Nev., Advance Opinion 18 (Apr. 17, 2025), the Supreme...
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Date: Apr 18, 2025
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails Introduction Brown v. Old Navy, LLC (No. 102592-1, Apr. 17, 2025) is a...
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Date: Apr 18, 2025
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen Introduction In Jewels Helping Hands et al. v. Brian Hansen et al., 2025 WL ___ (Wash. Apr. 17, 2025), the...
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Comment on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal (2025)

Date: Apr 18, 2025
“Qualitative Substantiality” and the Broad Reach of Sales-Tax on Information Services: Commentary on Matter of Dynamic Logic, Inc. v. Tax Appeals Tribunal, 2025 NY Slip Op 02262 Introduction On 17...
Discretion over Disclosure: FERPA‑Authorized Releases of Education Records Are Not Mandated Under the Texas Public Information Act

Discretion over Disclosure: FERPA‑Authorized Releases of Education Records Are Not Mandated Under the Texas Public Information Act

Date: Apr 18, 2025
Discretion over Disclosure: FERPA‑Authorized Releases of Education Records Are Not Mandated Under the Texas Public Information Act I. Introduction The Supreme Court of Texas’s decision in The...
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines

Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines

Date: Apr 18, 2025
Foreseeable Intervening Negligence and State Duty to Maintain Intersection Sightlines Introduction In Hunt v. State of New York (2025 NYSlipOp 02251), the Appellate Division, Third Department,...
Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors

Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors

Date: Apr 18, 2025
Affirmation of Prejudice Requirement Under Strickland for Structural Jury-Selection Errors Introduction In Elmajzoub (Said) v. State, No. 87053 (Nev. Apr. 17, 2025), the Supreme Court of Nevada...
Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law

Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law

Date: Apr 18, 2025
Automatic Parole Eligibility after 15 Years for Juvenile Nonhomicide Offenders by Operation of Law Introduction Garcia (Jonathan) v. State, 141 Nev., Advance Opinion 16 (Apr. 17, 2025), concerns a...
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Date: Apr 18, 2025
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020 Introduction In State v. Zghair, 2025 WL ___ (Wash. 2025), the Washington Supreme Court addressed...
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law

Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law

Date: Apr 18, 2025
Clarifying DOL Enforcement: Timeliness, Due Process, and Inclusion of “Substantially Owned-Affiliated Entities” under New York’s Prevailing Wage Law Introduction Matter of National Building &...
Kensington Title-Nevada, LLC v. DSHS: Clarifying Rule-Applicability Challenges and Standing Under Texas APA § 2001.038

Kensington Title-Nevada, LLC v. DSHS: Clarifying Rule-Applicability Challenges and Standing Under Texas APA § 2001.038

Date: Apr 18, 2025
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Clarifying Rule‑Applicability Challenges and Standing Under Texas APA § 2001.038 Introduction In Kensington Title-Nevada,...
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Date: Apr 18, 2025
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co. Introduction Twigg v. Admiral Insurance Company is a 2025 decision of the Supreme Court of Oregon that...
Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4)

Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4)

Date: Apr 18, 2025
Mandatory Administrative Competency Determination in Felony Cases under NRS 178.425(4) Introduction The Supreme Court of Nevada’s advance opinion in Price (Anthony Ray) v. Dist. Ct. (State), No....
Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent

Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent

Date: Apr 18, 2025
Reformation of Mortgage to Correct Mutual Mistake: Aligning Security Interest with True Borrower Intent Introduction In Deutsche Bank National Trust Company, as Trustee for the Registered Holders of...
Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75

Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75

Date: Apr 18, 2025
Circuit Court’s Exclusive Jurisdiction and Pendent Equity Claims under Mississippi Code § 11-51-75 Introduction The dispute in Mississippi Apartment Association v. City of Jackson turns on the...
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