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state Case Commentaries

Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah

Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah

Date: Apr 4, 2025
Holistic Discretion in Juvenile Transfer: The Standard for Transferring Fifteen-Year-Olds in Utah Introduction In In re E.M. (2025 UT 8), the Utah Supreme Court addressed whether a juvenile court...
Civil Limitation Periods Excluded from POST Disciplinary Actions: Grillone v. Peace Officer Standards & Training Council

Civil Limitation Periods Excluded from POST Disciplinary Actions: Grillone v. Peace Officer Standards & Training Council

Date: Apr 4, 2025
Civil Limitation Periods Excluded from POST Disciplinary Actions Grillone v. Peace Officer Standards & Training Council, 2025 UT 7 Introduction Grillone v. Peace Officer Standards & Training Council...
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA

Date: Apr 4, 2025
Vacatur of Sex Offender Certification for Non-Registerable Offenses Under SORA Introduction This commentary examines the Appellate Division’s decision in People v. Richardson (2025 NYSlipOp 01980),...
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards

Date: Apr 4, 2025
People v. Henry: Clarifying Indictment Sufficiency and Invocation of Counsel Standards Introduction In People v. Henry (2025 NYSlipOp 01978), the Appellate Division, Third Department, addressed...
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye

Date: Apr 4, 2025
Precision in Equitable Distribution: Clarifying Majauskas Shares for Pre-Marital Retirement Assets in Diop v. Gueye Introduction Diop v. Gueye (2025 NYSlipOp 01992) addresses the equitable...
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students

Date: Apr 4, 2025
Duty of Universities to Enforce Threat Assessment Policies and Protect Targeted Students Introduction Cuomo v. State of New York (2025 NYSlipOp 01991) arises from a wrongful-death lawsuit brought by...
Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee

Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee

Date: Apr 4, 2025
Section 1089 Juror Removal Requires Demonstrable Reality of Bias – People v. McGhee Introduction People v. McGhee (2025) 13 Cal.5th xxx clarifies the limits on a trial court’s power under Penal Code...

      Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only Detention Orders

Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only Detention Orders

Date: Apr 4, 2025
Recalibrating Pretrial Detention in Florida: Supreme Court Aligns Rule 3.132 with “Substantial Probability,” Bars Pre–First Appearance Release for Dangerous Crimes, and Authorizes Hearsay-Only...
Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act:  
         Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs

Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs

Date: Apr 4, 2025
Clarifying Discretionary-Function Immunity under the Mississippi Tort Claims Act: Ministerial Duties, Discretionary Judgments, and Foreseeability in J.S. v. Ocean Springs Introduction J.S. v. Ocean...
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law

Date: Apr 4, 2025
Recognizing Inaction and Sexist Remarks as Basis for Gender Discrimination and Hostile Work Environment Under New York's Human Rights Law Introduction Mikesh v. County of Ulster, 2025 NYSlipOp 01987...
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Date: Apr 4, 2025
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom Introduction This commentary examines the Washington Supreme Court’s April...
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr

Date: Apr 4, 2025
Establishing Identity Through Circumstantial and DNA Evidence in Home-Invasion Prosecutions: People v. Warr Introduction People v. Warr (2025 NYSlipOp 01979) is a landmark Third Department decision...
Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3)

Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3)

Date: Apr 4, 2025
Felony Convictions and Guardianship Suitability: No Automatic Disqualification under NRS 159A.061(3) Introduction In In re: Guardianship of H.B. III (141 Nev., Advance Opinion 15), the Supreme Court...
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Date: Apr 4, 2025
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2) 1. Introduction This commentary examines the Oregon Supreme Court’s decision in Bellshaw v. Farmers Insurance Company of...
People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620

People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620

Date: Apr 4, 2025
People v. Jasso: Clarifying the Declaration-Against-Interest Exception and Sentencing Discretion under Senate Bill 620 Introduction People v. Jasso (S179454) is a 2025 Supreme Court of California...
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand

Date: Apr 4, 2025
People v. Williams: Illinois Supreme Court Clarifies Limits of “Reasonable Assistance” in Postconviction Proceedings and Rejects “Paucity-of-Record” Remand Introduction In People v. Williams, 2025 IL...
Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense

Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense

Date: Apr 4, 2025
Temporal Reference Point for “Violent Felony” Status Under Arkansas’s Habitual-Offender Statute: Prior Convictions Count If Enumerated at the Time of the Current Offense Introduction In Bryant Smith...
Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation

Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation

Date: Apr 4, 2025
Huynh v. Blanchard: Limiting Shutdown Nuisance Injunctions and Aligning Them with Texas Clean Air Regulation I. Introduction This commentary analyzes Justice Rebeca A. Huddle’s concurring opinion in...
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries

Date: Apr 4, 2025
Illegality Defense Precludes Tort Recovery for Strict-Liability Felon-in-Possession Injuries Introduction In Harris v. Howard, decided April 3, 2025 by the Supreme Court of Virginia, the Court...
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Date: Apr 4, 2025
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery Introduction In Bohr v. Tillamook County Creamery Assn., 373 Or 343 (2025), the...
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