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  • Commentaries
  • Judgments

state Case Commentaries

McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected

McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected

Date: Apr 2, 2025
McBroom v. BOPA (2025 MT 64): No Equitable Tolling of the Six-Month ULP Deadline During CBA Grievance; Parallel Filing with BOPA Permitted and Expected Introduction In McBroom v. Montana Board of...
Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases

Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases

Date: Apr 2, 2025
Tanzi v. State: Affirmation of Due Process Limits and Postconviction Relief Procedures in Florida Capital Cases Introduction Michael A. Tanzi was convicted of first-degree murder, carjacking,...
Distinct Governmental Entities and Issue Preclusion: State vs. County in Nevada Qui Tam Actions

Distinct Governmental Entities and Issue Preclusion: State vs. County in Nevada Qui Tam Actions

Date: Apr 2, 2025
Distinct Governmental Entities and Issue Preclusion: State vs. County in Nevada Qui Tam Actions 1. Introduction This commentary examines the Supreme Court of Nevada’s April 1, 2025 decision in Orbitz...
State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void

State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void

Date: Apr 2, 2025
State v. Denny: PSIs for Misdemeanors Permitted Only When the Misdemeanor Itself Was Originally Charged as a Sexual or Violent Offense; Unlawful PSI Terms in Plea Agreements Are Void Introduction In...
Application of NRS 289.555: Sealed Domestic Violence Convictions Disqualify Peace Officers

Application of NRS 289.555: Sealed Domestic Violence Convictions Disqualify Peace Officers

Date: Apr 2, 2025
Application of NRS 289.555: Sealed Domestic Violence Convictions Disqualify Peace Officers Introduction This commentary examines the Supreme Court of Nevada’s April 1, 2025 decision in State of...
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9

Date: Apr 2, 2025
Immediate Suspension Standard for Attorney Non-Cooperation under 22 NYCRR 1240.9 Introduction Matter of Kaufman (2025 NYSlipOp 01893) addresses the Attorney Grievance Committee’s request for an...
No Live Controversy, No Stay: Justice D’Auria’s Mootness Framework and Appellate Restraint in Connecticut Child‑Protection Cases

No Live Controversy, No Stay: Justice D’Auria’s Mootness Framework and Appellate Restraint in Connecticut Child‑Protection Cases

Date: Apr 2, 2025
No Live Controversy, No Stay: Justice D’Auria’s Mootness Framework and Appellate Restraint in Connecticut Child‑Protection Cases Introduction This commentary examines the first dissenting opinion by...
No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State

No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State

Date: Apr 2, 2025
No Affidavits, No Relief: Montana Supreme Court Reaffirms Strict Postconviction Pleading and Direct-Appeal Bar in Sullivan v. State Introduction In Sullivan v. State, 2025 MT 65N, the Supreme Court...
Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments

Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments

Date: Apr 2, 2025
Reasonableness, Not Water Rights: Montana Supreme Court Reaffirms Balancing Test and Written-Consent Safe Harbor for Ditch Easement Encroachments Case: Musselshell Ditch Co. v. JD Bar D, LLC, 2025 MT...
Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants

Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants

Date: Apr 2, 2025
Trial Courts’ Inherent Power to Enforce Orders by Case-Dispositive Sanctions for Contumacious Litigants Introduction In Ethel Barry Masters v. Jacob Dawson, the Supreme Court of Missouri confronts a...
Corporate Healthcare Decisions as Professional Negligence: Expert-Affidavit Requirement under NRS 41A.071

Corporate Healthcare Decisions as Professional Negligence: Expert-Affidavit Requirement under NRS 41A.071

Date: Apr 2, 2025
Corporate Healthcare Decisions as Professional Negligence: Expert-Affidavit Requirement under NRS 41A.071 1. Introduction This commentary examines the Supreme Court of Nevada’s decision in Warren v....
Clarifying Standards for Faretta Waiver and Interpreter Obligations in Park v. State

Clarifying Standards for Faretta Waiver and Interpreter Obligations in Park v. State

Date: Apr 2, 2025
Clarifying Standards for Voluntary Self-Representation and Court-Ordered Interpreter Obligations in Park v. State Introduction Park (Chan Sun) v. State is a 2025 decision of the Supreme Court of...
Articulation Requirement for Interest-of-Justice Exception in Postconviction Relief

Articulation Requirement for Interest-of-Justice Exception in Postconviction Relief

Date: Apr 2, 2025
Articulation Requirement for Interest-of-Justice Exception in Postconviction Relief Introduction This commentary examines the Supreme Court of Rhode Island’s decision in Christopher Thornton v. State...
Erlinger Offers No Postconviction Lifeline in Florida Capital Cases: Florida Supreme Court Reaffirms Strict Limits on Warrant-Period Discovery, Method-of-Execution Claims, and All-Writs Relief in Tanzi

Erlinger Offers No Postconviction Lifeline in Florida Capital Cases: Florida Supreme Court Reaffirms Strict Limits on Warrant-Period Discovery, Method-of-Execution Claims, and All-Writs Relief in Tanzi

Date: Apr 2, 2025
Erlinger Offers No Postconviction Lifeline in Florida Capital Cases: Florida Supreme Court Reaffirms Strict Limits on Warrant-Period Discovery, Method-of-Execution Claims, and All-Writs Relief in...
Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025)

Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025)

Date: Apr 2, 2025
Clarifying Rule 3.852(h)’s Scope and Erlinger’s Inapplicability on Postconviction: Tanzi v. State (Fla. 2025) Introduction In a per curiam decision issued April 1, 2025, the Florida Supreme Court...
Parks Goes Retroactive: Michigan Overrules Carp and Makes Mandatory LWOP for 18‑Year‑Olds Unconstitutional on Collateral Review

Parks Goes Retroactive: Michigan Overrules Carp and Makes Mandatory LWOP for 18‑Year‑Olds Unconstitutional on Collateral Review

Date: Apr 2, 2025
Parks Goes Retroactive: Michigan Overrules Carp and Makes Mandatory LWOP for 18‑Year‑Olds Unconstitutional on Collateral Review Case: People of Michigan v. John Antonio Poole Court: Supreme Court of...
When Absence Equals Forfeiture: A Warned Refusal to Return to Court Extinguishes the Right to Self‑Representation for the Remainder of Trial (State v. Petteway, Conn. 2025)

When Absence Equals Forfeiture: A Warned Refusal to Return to Court Extinguishes the Right to Self‑Representation for the Remainder of Trial (State v. Petteway, Conn. 2025)

Date: Apr 2, 2025
When Absence Equals Forfeiture: A Warned Refusal to Return to Court Extinguishes the Right to Self‑Representation for the Remainder of Trial (State v. Petteway, Conn. 2025) Introduction State v....
Kent v. State (Del. 2025): Strategic Impeachment That Backfired Is Not Ineffective Assistance; Child Testimony and Circumstantial Access Sustain Continuous Sexual Abuse Conviction

Kent v. State (Del. 2025): Strategic Impeachment That Backfired Is Not Ineffective Assistance; Child Testimony and Circumstantial Access Sustain Continuous Sexual Abuse Conviction

Date: Apr 1, 2025
Kent v. State (Del. 2025): Strategic Impeachment That Backfired Is Not Ineffective Assistance; Child Testimony and Circumstantial Access Sustain Continuous Sexual Abuse Conviction Introduction In...
Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not

Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not

Date: Apr 1, 2025
Guity v. State: Legal Impossibility Meets HRS § 661B’s “Actual Innocence” Standard; Procedural Vacaturs Do Not Introduction In this Summary Disposition Order, the Supreme Court of Hawaiʻi affirmed...
Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548

Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548

Date: Apr 1, 2025
Quiet Title When Enforcement Is Time-Barred: Arizona Supreme Court Overrules Provident and Harmonizes §§ 12-1104(B), 33-816, and 12-548 Case: Jose R. Aroca and Kirstin Aroca v. Tang Investment...
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