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  • Commentaries
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state Case Commentaries

Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75

Date: Apr 11, 2025
Clarifying Stipulated Criminal Responsibility Evaluations and Speedy Trial Rights: State v. Allman, 2025 ND 75 Introduction In State v. Allman, 2025 ND 75, the Supreme Court of North Dakota addressed...
Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act

Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act

Date: Apr 11, 2025
Expansion of “Arrest Record” to Include Non-Criminal Municipal Offenses under the Wisconsin Fair Employment Act Introduction Oconomowoc Area School District v. Gregory L. Cota is a 2025 Wisconsin...
Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions

Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions

Date: Apr 11, 2025
Consultation Clauses in Historic Preservation Agreements Do Not Create Eviction Preconditions Introduction The Supreme Court of Rhode Island’s decision in Congregation Shearith Israel v. Congregation...
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services

Date: Apr 11, 2025
Administrative Rulemaking Authority to Establish Host Family Home Preventive Child Welfare Services Introduction In Matter of Lawyers for Children et al. v. New York State Office of Children and...
Bona Fide Termination Requirement for Article 15 Retirement Benefits

Bona Fide Termination Requirement for Article 15 Retirement Benefits

Date: Apr 11, 2025
Bona Fide Termination Requirement for Article 15 Retirement Benefits Introduction Matter of Radwan v. DiNapoli, 2025 NYSlipOp 02118 (App. Div. 3d Dep’t Apr. 10, 2025) addresses whether a...
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson

Date: Apr 11, 2025
Conspiracy Jurisdiction and the Limits of Personal Jurisdiction: Shook v. Wilson Introduction Shook v. Wilson, decided April 10, 2025 by the Supreme Court of New Mexico, clarifies when a state may...
Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State

Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State

Date: Apr 11, 2025
Evidentiary Hearing Standards under Strickland Affirmed in Talley v. State Introduction In Talley (Charles) v. State, No. 87471-COA (Nev. Ct. App. Apr. 10, 2025), the Nevada Court of Appeals reviewed...
Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers

Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers

Date: Apr 11, 2025
Extending Proportionality and Individualized Sentencing to 19- and 20-Year-Old First-Degree Murderers Introduction The cases People v. Czarnecki (Docket No. 166654) and People v. Taylor (Docket No....
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause

Date: Apr 11, 2025
Lawful Curtilage Presence Enables Warrantless Arrests with Probable Cause Introduction Poulson v. Commonwealth, decided on April 10, 2025 by the Supreme Court of Virginia, addresses two intertwined...
Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications

Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications

Date: Apr 10, 2025
Mandamus & Public Records Act: In Camera Review of Redacted Records and Civ.R. 36(B) Clarifications Introduction The Supreme Court of Ohio’s decision in State ex rel. Mauk v. Sheldon, 2025-Ohio-1221,...
Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G.

Date: Apr 10, 2025
Clarifying Least Restrictive Alternatives in Involuntary Commitment: In the Matter of L.G. Introduction In April 2025, the Alaska Supreme Court considered an appeal from Lawrence G. (“L.G.”), who was...
Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State

Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State

Date: Apr 10, 2025
Strickland Standard and Law-of-the-Case Bars in Post-Conviction Relief: Knight v. State Introduction This commentary examines the Nevada Court of Appeals’ Order of Affirmance in Wilbert Knight v....
Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement

Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement

Date: Apr 10, 2025
Bond Violations Triggering Cold Plea Provisions: Tirso Munguia v. State Clarifies Plea Agreement Enforcement Introduction In Tirso Munguia v. The State of Wyoming (2025 WY 43), the Wyoming Supreme...
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction

Date: Apr 10, 2025
Unilateral Iska Agreements Do Not Bind Lenders and Arbitration Rights May Be Waived Through Inaction Introduction This commentary examines the Appellate Division, Second Department’s decision in...
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina

Date: Apr 10, 2025
Establishing Heightened Advertising Compliance Requirements for Unlicensed Lawyers in South Carolina Introduction In In the Matter of Michael George Hostilo, the Supreme Court of South Carolina...
Reaffirming Specificity in Fair‐Cross-Section Challenges and Strickland Standards: Kern v. State

Reaffirming Specificity in Fair‐Cross-Section Challenges and Strickland Standards: Kern v. State

Date: Apr 10, 2025
Reaffirming Specificity in Fair-Cross-Section Challenges and Strickland Standards: Kern v. State Introduction In Kern v. State, 2025 WL ___ (Nev. Apr. 9, 2025), the Nevada Supreme Court affirmed the...
Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases

Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases

Date: Apr 10, 2025
Clarification of Sufficiency‐of‐Evidence Standard for Denial of Judgment of Acquittal in Elderly Robbery Cases Introduction In Davis (Hasan) v. State, No. 88543-COA (Nev. Ct. App. Apr. 9, 2025), the...
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025)

Date: Apr 10, 2025
Clarifying Vacatur Standards Under CPL 440.10: People v. Edmondson (2025) Introduction In People v. Edmondson, 2025 NYSlipOp 02083 (App. Div. 2d Dep’t Apr. 9, 2025), the Appellate Division of the...
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule

Date: Apr 10, 2025
Express Mortgage Terms Preclude Quasi-Contract Recovery & RPAPL 1501(4) Cancellation Rule Introduction In Auquilla v. Villa (2025 NYSlipOp 02053), the Appellate Division, Second Department, addressed...
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges

Date: Apr 10, 2025
McCombie v. Illinois State Board of Elections: Laches Bars Untimely Original Redistricting Challenges Introduction In McCombie v. Illinois State Board of Elections (2025 IL 131480), the Illinois...
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