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  • Commentaries
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state Case Commentaries

Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent

Date: Mar 21, 2025
Municipal Franchise Restricted to Citizens: Fossella v. Adams Precedent Introduction In Fossella v. Adams (2025 NYSlipOp 01668), decided March 20, 2025, the New York Court of Appeals addressed the...
Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence

Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence

Date: Mar 21, 2025
Patterson v. State: Wyoming Abolishes the “Reference vs. Comment” Distinction and Reaffirms Automatic Reversal for Prosecutorial Remarks on a Defendant’s Silence Introduction In William Frederick...
Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension

Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension

Date: Mar 21, 2025
Ex parte intervention to secure a family member’s pre‑arraignment release in contravention of a court bond schedule warrants a conditionally stayed six‑month suspension Introduction In Disciplinary...
Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law

Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law

Date: Mar 21, 2025
Words and the Mere Display of a Holstered Firearm Are Not “Unlawful Physical Force”: Kentucky Supreme Court Narrows the Initial Aggressor Doctrine and Clarifies Instructional Law Introduction In Troy...
Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished)

Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished)

Date: Mar 21, 2025
Clarifying Plain Feel, KRS 218A Subsequent-Offender Proof, and Cumulative Firearm/Repeat-Offender Enhancements: McNeal v. Commonwealth (Ky. 2025) (Unpublished) Note on Publication Status and Use This...
Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of Kentucky

Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of Kentucky

Date: Mar 21, 2025
Prima Facie Authentication of Jail Calls and Rejection of Speculative Lesser-Included Instructions in Child-Sex Offense Trials: The Unpublished Clarification in Ronnie Duvall v. Commonwealth of...
Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver

Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver

Date: Mar 21, 2025
Interlocutory Immunity Appeals Cannot Reach Subject-Matter Jurisdiction; Boards of Education Are Within KRS 45A.245’s Contract-Immunity Waiver Introduction In Board of Education of Paris, Kentucky v....
Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era

Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era

Date: Mar 21, 2025
Rejecting Guilt by Association: Individualized "Good Character" Assessments and Limits on PGCB Licensing Discretion in the Skill‑Games Era I. Introduction This consolidated appeal from the Supreme...
Welsh v. Commonwealth: Expert Methodology Critique, Rule 2:702, and Harmless Error in Forensic Firearms Testimony

Welsh v. Commonwealth: Expert Methodology Critique, Rule 2:702, and Harmless Error in Forensic Firearms Testimony

Date: Mar 21, 2025
Welsh v. Commonwealth (Va. 2025): Expert Methodology Critique, Rule 2:702, and Harmless Error in Forensic Firearms Testimony I. Introduction The Supreme Court of Virginia’s decision in Welsh v....
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status

Date: Mar 21, 2025
Voluntariness of Inculpatory Statements Unaffected by Non-Coercive Misrepresentation of Suspect Status Introduction Commonwealth v. Foster, decided March 20, 2025 by the Supreme Court of...
Individualized Character Assessment Required in Video Gaming License Decisions

Individualized Character Assessment Required in Video Gaming License Decisions

Date: Mar 21, 2025
Individualized Character Assessment Required in Video Gaming License Decisions Introduction Better Bets Ventures, LLC v. Pennsylvania Gaming Control Board (March 20, 2025) is a landmark Supreme Court...
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief

Date: Mar 21, 2025
Mandatory Duty of Fair Representation for CBA Claims: Limiting Article 78 Relief Introduction Matter of Dourdounas v. City of New York, 2025 NYSlipOp 01671, is a landmark decision of the New York...
Adverse Possession by Unaware Cotenants under RPAPL 541

Adverse Possession by Unaware Cotenants under RPAPL 541

Date: Mar 21, 2025
Adverse Possession by Unaware Cotenants under RPAPL 541 Introduction Golobe v. Mielnicki, 2025 NYSlipOp 01670 (N.Y. Ct. App. Mar. 20, 2025), addresses a novel question under New York’s adverse...
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims

Date: Mar 21, 2025
Broadening Discretion under CPL 440.10(3): Relief for Parole-Advice Ineffective Assistance Claims Introduction People v. Phelps (2025 NYSlipOp 01680) arises from a 2012 shooting in which defendant...
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct

Date: Mar 21, 2025
Roussel v. State (2025 UT 5): Nonjusticiability of Facial Challenges to Nonoperative Statutes and General Government Conduct Introduction In Roussel v. State (2025 UT 5), the Utah Supreme Court...
Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements

Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements

Date: Mar 21, 2025
Walker v. Mississippi: Evidentiary Basis for Lesser-Included Offense Instructions and Record Preservation Requirements Introduction In Walker v. State of Mississippi, 2025-MS-01153-SCT, the Supreme...
CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice

CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice

Date: Mar 21, 2025
CALGA Covers Special Districts, But No Immunity for Ministerial Sewer Maintenance: Kentucky Supreme Court Denies MSD Immunity for No‑Grate Practice Case: Louisville & Jefferson County Metropolitan...
Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator

Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator

Date: Mar 21, 2025
Rule 92(e) Clarified: No Waiver of Statutory Costs When Not Presented to Arbitrator Introduction In Jordan v. Macedo, 2025 IL 130687, the Supreme Court of Illinois resolved a recurrent procedural...
Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims

Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims

Date: Mar 21, 2025
Corroborating an Accomplice with Forensic and Digital Evidence; “Any Person” in First‑Degree Battery Includes Unintended Victims Introduction In Justin Mays v. State of Arkansas, 2025 Ark. 25, the...
Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement

Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement

Date: Mar 21, 2025
Section 998 Cost-Shifting Applies to Pretrial Settlements After Rejected Offers—Default Rule Unless Parties Reallocate in Settlement Introduction In Madrigal v. Hyundai Motor America (Supreme Court...
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