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state Case Commentaries

Rule 74.06(b)(5) Relief Requires Equitable Change Beyond Doctrinal Shifts—and an Unvacated Declaration of Unconstitutionality Blocks Enforcement

Rule 74.06(b)(5) Relief Requires Equitable Change Beyond Doctrinal Shifts—and an Unvacated Declaration of Unconstitutionality Blocks Enforcement

Date: Apr 16, 2025
Rule 74.06(b)(5) Relief Requires Equitable Change Beyond Doctrinal Shifts—and an Unvacated Declaration of Unconstitutionality Blocks Enforcement 1. Introduction City of Normandy v. Kehoe (Supreme...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief

Date: Apr 16, 2025
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
State v. Thompson: Dilatory Failure to Obtain Counsel Forfeits Right-to-Counsel Claim at Preliminary Hearing; Trial Courts May Cure Inconsistent Verdicts Before Jury Discharge

State v. Thompson: Dilatory Failure to Obtain Counsel Forfeits Right-to-Counsel Claim at Preliminary Hearing; Trial Courts May Cure Inconsistent Verdicts Before Jury Discharge

Date: Apr 16, 2025
State v. Thompson: Dilatory Failure to Obtain Counsel Forfeits Right-to-Counsel Claim at Preliminary Hearing; Trial Courts May Cure Inconsistent Verdicts Before Jury Discharge Introduction In State...
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed

Date: Apr 16, 2025
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed Introduction This case arises from a novel post-conviction procedure codified at Missouri Revised...
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation

Date: Apr 16, 2025
Establishing Maximum Medical Improvement and Scope of Compensable “Low Back” Injuries in West Virginia Workers’ Compensation Introduction In Roger Weese v. Harry Green Chevrolet, Inc., 2025 WL ____...
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA

Date: Apr 16, 2025
Technical Deviations Versus Substantial Violations in Jury Selection: State v. Kerr and the Threshold for New Trial Motions under § 3-15-405, MCA Introduction The Supreme Court of Montana’s...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts

Date: Apr 16, 2025
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation

Date: Apr 16, 2025
In Re: Schnyder – Establishing a Three-Year Suspension for Recidivist Trust Account Misconduct and Non-Cooperation Introduction In Re: Clayton Paul Schnyder, Jr. presents a disciplinary proceeding...
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Date: Apr 16, 2025
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries Introduction In Katleski v. Cazenovia Golf Club, Inc. (2025 NYSlipOp 02178), the New...
“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

“Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA”

Date: Apr 16, 2025
Timeliness and Substance Requirements for New-Trial Motions Based on Jury Pool Irregularities Under § 3-15-405, MCA Introduction State v. Craft, 2025 MT 75N, is an unpublished memorandum decision of...
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

Date: Apr 16, 2025
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland) Introduction In People v. Cleveland (2025 NYSlipOp 02144), the New York Court of Appeals clarified when...
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121

Date: Apr 16, 2025
Sanctions for Scheduling-Order Violations: Discretionary Attorney Fees under I.R.C.P. 16(e) and Idaho Code § 12-121 Introduction This commentary examines the Supreme Court of Idaho’s decision in...
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5)

Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5)

Date: Apr 16, 2025
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5) Case: In re: Circuit Attorney, 22nd Judicial Circuit ex rel. Dunn (No. SC100878) Court: Supreme Court of...
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act

Date: Apr 15, 2025
Inclusion of Common Law within “Law” under Michigan’s Whistleblowers’ Protection Act 1. Introduction This commentary examines the Supreme Court of Michigan’s decision in James Stefanski v. Saginaw...
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b)

Date: Apr 15, 2025
Clarifying “Able to Provide Support” in Michigan Child‐Protective Jurisdiction under MCL 712A.2(b) 1. Introduction In In re D. V. Lange, Minor (Mich 2025), the Michigan Supreme Court resolved a...
Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges

Date: Apr 15, 2025
Watson v. State: New Precedent on Concealment Evidence in Carrying Concealed Deadly Weapons Charges Introduction Watson v. State is a 2025 decision of the Supreme Court of Delaware that clarifies the...
“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A)

Date: Apr 15, 2025
“Practicable to Proceed,” Not “Probable Cause”: The Texas Supreme Court Clarifies Juvenile Transfer Standard Under Family Code § 54.02(j)(4)(A) I. Introduction In In the Matter of J.J.T., No. 23-1028...
The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal

The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal

Date: Apr 15, 2025
The Implied Willfulness Requirement for Disregarding a Police Officer’s Signal Introduction In Waller v. State, 285 A.2d 805 (Del. 2025), the Supreme Court of Delaware addressed the mens rea element...
Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed

Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed

Date: Apr 15, 2025
Channeling Prosecutorial Appeals in Colorado: As‑Applied Constitutional Dismissals Go to the Court of Appeals; Misfiled Appeals Must Be Transferred, Not Dismissed Case: People of the State of...
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