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state Case Commentaries

Chadwick v. State: Establishing the Evidentiary Hearing Threshold for Ineffective Assistance Claims in Nevada Postconviction Proceedings

Chadwick v. State: Establishing the Evidentiary Hearing Threshold for Ineffective Assistance Claims in Nevada Postconviction Proceedings

Date: Apr 11, 2025
Chadwick v. State: Establishing the Evidentiary Hearing Threshold for Ineffective Assistance Claims in Nevada Postconviction Proceedings Introduction In Chadwick (Joey) v. State, 2025 WL ____, the...
Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853

Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853

Date: Apr 11, 2025
Enhanced Procedural Safeguards: Amendments to Florida Criminal Procedure Rules 3.220, 3.851 & 3.853 Introduction On April 10, 2025, the Supreme Court of Florida, acting per curiam, adopted...
Extension of Proportionality Protections: Individualized LWOP Sentencing for 19- and 20-Year-Old First-Degree Murder Offenders

Extension of Proportionality Protections: Individualized LWOP Sentencing for 19- and 20-Year-Old First-Degree Murder Offenders

Date: Apr 11, 2025
Extension of Proportionality Protections: Individualized LWOP Sentencing for 19- and 20-Year-Old First-Degree Murder Offenders Introduction In People of Michigan v. Montario Marquise Taylor and...
Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1

Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1

Date: Apr 11, 2025
Clarifying “Single Course of Conduct” and Permitting Separate Revocation Hearings Under Va. Code § 19.2-306.1 Introduction Commonwealth v. Canales, decided April 10, 2025 by the Supreme Court of...
Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1

Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1

Date: Apr 11, 2025
Probation Revocation and “Single Course of Conduct” Under Virginia Code § 19.2-306.1 Introduction The Supreme Court of Virginia’s decision in Canales v. Commonwealth, 302 Va. ___ (2025), addresses...
Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter

Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter

Date: Apr 11, 2025
Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter Introduction State v. Cotter, 373 Or 381 (2025), is a landmark decision by the Supreme Court of Oregon concerning a...
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Date: Apr 11, 2025
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations Introduction U.S. Bank N.A. v. DLJ Mortgage Capital, Inc. (2025 NYSlipOp 02139) arises out of two substantially...
Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims

Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims

Date: Apr 11, 2025
Meredith v. Arkansas: Due Diligence in Amendments and Prejudice Requirement for Parole-Eligibility Advice Claims Introduction Jason Meredith v. State of Arkansas (2025 Ark. 38) presents two...
Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Limitation on Compelling Victim Testimony at Rape Shield Hearings: State v. Jolley (2025 UT 9)

Date: Apr 11, 2025
Limitation on Compelling Victim Testimony at Rape Shield Hearings Introduction State of Utah v. Seth Clark Jolley, 2025 UT 9, is an interlocutory appeal decided by the Utah Supreme Court on April 10,...
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell

Date: Apr 11, 2025
Nonhearsay Factual Allegations Mandate Under AML §353: People v. Farrell Introduction In People v. Farrell (2025 NYSlipOp 02100), the New York Court of Appeals addressed the sufficiency of an...
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105)

Date: Apr 11, 2025
Establishing Judicial Discretion in Asset Valuation and Wasteful Dissipation: Angello v. Angello (2025 NYSlipOp 02105) Introduction Angello v. Angello, decided on April 10, 2025 by the Appellate...
Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications

Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications

Date: Apr 11, 2025
Clarifying N.D.C.C. § 14-09-06.6: Original Determination of Primary Residential Responsibility in Joint Custody Modifications Introduction In Kinden v. Kinden, 2025 ND 68, the Supreme Court of North...
Expanding “Arrest Record” Protections Under the Wisconsin Fair Employment Act to Non-Criminal Offenses and Clarifying Employer Motive Standards

Expanding “Arrest Record” Protections Under the Wisconsin Fair Employment Act to Non-Criminal Offenses and Clarifying Employer Motive Standards

Date: Apr 11, 2025
Expanding “Arrest Record” Protections Under the Wisconsin Fair Employment Act to Non-Criminal Offenses and Clarifying Employer Motive Standards Introduction In Oconomowoc Area School District v....
Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights

Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights

Date: Apr 11, 2025
Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights Introduction Continental Casualty Co. v. Argonaut Ins....
Joinder of Related Sexual Offense and Image‐Dissemination Charges Under NH Crim. P. 20

Joinder of Related Sexual Offense and Image‐Dissemination Charges Under NH Crim. P. 20

Date: Apr 11, 2025
Joinder of Related Sexual Offense and Image‐Dissemination Charges Under NH Crim. P. 20 Introduction State of New Hampshire v. Bradley Caprarello, decided April 10, 2025 by the Supreme Court of New...
Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones

Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones

Date: Apr 11, 2025
Default Venue for Administrative Appeals: Primacy of N.D.C.C. § 28-32-42 in WSI v. Jones Introduction In WSI v. Jones, 2025 ND 74, the Supreme Court of North Dakota addressed a recurring procedural...
Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank

Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank

Date: Apr 11, 2025
Mandate Rule and Summary Judgment on Remand: Limits Established in Tilley v. Malvern National Bank Introduction Kenneth W. Tilley, individually and as trustee of the Kenneth Tilley Family Trust,...
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Date: Apr 11, 2025
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness Introduction In State v. J.H.-M., the Supreme Court of Washington addressed whether a...
Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings

Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings

Date: Apr 11, 2025
Mandatory Full Disclosure of All Disciplinary Actions in Lawyer Reinstatement Proceedings Introduction The Supreme Court of Wisconsin’s decision in Office of Lawyer Regulation v. Steven D. Johnson...
Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants

Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants

Date: Apr 11, 2025
Proportionality-Based Prohibition of Mandatory Life-Without-Parole for 19- and 20-Year-Old First-Degree Murder Defendants Introduction In People v Taylor and People v Czarnecki, the Michigan Supreme...
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