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state Case Commentaries

Jewell v. State: Delaware Supreme Court mandates Rule 403 balancing for racially charged evidence; harmless-error review applies; and speech-based stalking requires a subjective mens rea

Jewell v. State: Delaware Supreme Court mandates Rule 403 balancing for racially charged evidence; harmless-error review applies; and speech-based stalking requires a subjective mens rea

Date: Apr 1, 2025
Jewell v. State: Rule 403 gatekeeping for racially charged evidence, Chapman harmless-error review, and Counterman-aligned mens rea for speech-based stalking Introduction In Jewell v. State (Del....
Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings

Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings

Date: Apr 1, 2025
Judicial Power Ends with Mootness: In re Carlson and Voluntary Agency Compliance in Texas Mandamus Proceedings I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081...
Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases

Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases

Date: Apr 1, 2025
Judicial Power Ends Where Mootness Begins: In re Carlson and Mandamus Relief in PRPRPA Contested Cases I. Introduction The Supreme Court of Texas’s decision in In re Carlson, No. 24‑0081 (Tex. Apr....
Produced Groundwater as a Leased Hydrocarbon Incident: A Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Produced Groundwater as a Leased Hydrocarbon Incident: A Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Apr 1, 2025
Produced Groundwater as a Leased Hydrocarbon Incident: Cactus Water Services, LLC v. COG Operating, LLC (Tex. 2025) I. Introduction The concurring opinion by Justice Busby in Cactus Water Services,...
Tangible Injury Requirement for Standing in Environmental Declaratory Actions

Tangible Injury Requirement for Standing in Environmental Declaratory Actions

Date: Apr 1, 2025
Tangible Injury Requirement for Standing in Environmental Declaratory Actions Introduction Protect Our Water Jackson Hole (POWJH), a Wyoming nonprofit dedicated to preserving Fish Creek’s water...
PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers

PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers

Date: Apr 1, 2025
PLCAA Preemption of Civil Actions Against Firearms Manufacturers and Sellers Introduction In Mark and Leah Gustafson, individually and as administrators of the estate of James Robert “J.R.” Gustafson...
Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: 
    Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: Commentary on Cactus Water Services, LLC v. COG Operating, LLC

Date: Apr 1, 2025
Incidentally Produced Groundwater as Part of the Hydrocarbon Conveyance: Commentary on Cactus Water Services, LLC v. COG Operating, LLC I. Introduction The Supreme Court of Texas’s decision in Cactus...
Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges

Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges

Date: Mar 29, 2025
Preserving Constitutional Funding Frameworks: The Plainly Legitimate Sweep Standard and Joinder in Article VII, Section 1 Challenges Introduction In State of Alaska, Department of Education & Early...
Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing

Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing

Date: Mar 29, 2025
Alaska’s Interests-Based Choice-of-Law Rule for Corporate Veil-Piercing Introduction Kaiser-Francis Oil Company and Aurora-KF, LLC (collectively “KFOC”) sued Rieck Oil, Inc., Deutsche Oel & Gas,...
When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge

When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge

Date: Mar 29, 2025
When Harmless Error Is Not Harmless: Michigan Supreme Court Limits Reliance on Juror-Instruction Presumptions Where Exclusion of Core Defense Testimony and Instructional Ambiguity Converge...
Only the First Outcry Counts: Iowa Supreme Court Defines “Initial Disclosure” Under § 622.31B as the First Disclosure

Only the First Outcry Counts: Iowa Supreme Court Defines “Initial Disclosure” Under § 622.31B as the First Disclosure

Date: Mar 29, 2025
Only the First Outcry Counts: Iowa Supreme Court Defines “Initial Disclosure” Under § 622.31B as the First Disclosure Introduction In State of Iowa v. Allan Robert Sievers, No. 23-0413 (Iowa Mar. 28,...
Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks

Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks

Date: Mar 29, 2025
Deferrals Are Not Silence: Arizona Supreme Court OKs Impeachment With Post‑Miranda “Pass/Hold” Responses When No Unambiguous Invocation and the Suspect Later Speaks Case: State of Arizona v. Giovani...
Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless

Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless

Date: Mar 29, 2025
Byrd v. State (2025 ND 55): Mixed “Intentional or Knowing” Conspiracy Pleas Survive if the Record Establishes Intent—Non‑Cognizable Alternative Deemed Harmless Introduction In Byrd v. State, the...
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038

Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038

Date: Mar 29, 2025
Kensington Title-Nevada, LLC v. Texas Department of State Health Services: Expanding Rule‑Applicability Challenges Under Texas APA § 2001.038 I. Introduction In Kensington Title-Nevada, LLC v. Texas...
Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable

Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable

Date: Mar 29, 2025
Jackson v. Rodriguez: Nebraska Supreme Court Requires Pre‑Filing Resolution of In Forma Pauperis Requests; Implicit Denials Are Immediately Appealable Citation: 318 Neb. 657 (Neb. Mar. 28, 2025)...
State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota

State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota

Date: Mar 29, 2025
State v. Littleghost and the On-the-Record Factual Basis Mandate: Accepting a Guilty Plea Without Articulated Facts Is Plain Error in North Dakota Introduction In State v. Littleghost, 2025 ND 65...
Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases

Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases

Date: Mar 29, 2025
Killoran v. Kaler: North Dakota Clarifies Rule 12(b)(6) Limits—No Dismissal on Unraised Grounds Without Notice and No Duty to Plead Around Privilege in Defamation Cases Introduction In Killoran v....
Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services

Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services

Date: Mar 29, 2025
Standing and Rule‑Applicability Challenges Under Texas APA § 2001.038: Commentary on Kensington Title‑Nevada, LLC v. Texas Department of State Health Services I. Introduction The Supreme Court of...
Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits

Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits

Date: Mar 29, 2025
Mandatory Notice Requirement in Self-Reimbursing State Representative Payee Schemes for Foster Children’s Social Security Benefits Introduction In Z.C. v. State of Alaska, Department of Health and...
Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15)

Date: Mar 29, 2025
Clarifying Preservation and Alternate-Juror Selection: A 403 Objection Alone Does Not Preserve Relevance; Alternates Must Be Chosen Randomly (State v. Orost, 2025 VT 15) Introduction In State v. Jay...
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