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  • Commentaries
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state Case Commentaries

Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit — Commentary on People v. Wright (2025)

Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit — Commentary on People v. Wright (2025)

Date: Jul 26, 2025
Verbal “Stop” Command Alone Is Not a Seizure; Flight Plus Match to a Detailed 911 Description Creates Reasonable Suspicion for Pursuit In-depth Commentary on People v. Wright, 2025 NY Slip Op 04345...
Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors

Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors

Date: Jul 26, 2025
Directory Time Limits and Strict Accountability for Pro Hac Vice Admissions: The Delaware Supreme Court’s Decision in IMO John Du Wors Introduction In In the Matter of John Du Wors, the Delaware...
“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions

“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions

Date: Jul 26, 2025
“One Letter Is Not Due Diligence”: People v. Ernst Clarifies Discovery Due Diligence and the Limits of CPL 30.30 Tolling for “Pending” Motions Introduction People v. Ernst (2025 NY Slip Op 04329) is...
A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning — Commentary on People v. Casiano (2025)

A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning — Commentary on People v. Casiano (2025)

Date: Jul 26, 2025
A Roof Is Not the Home: Public Exposure Defines “Outside the Home” under Penal Law § 265.03(3) and Limits on Miranda in On‑Scene Questioning Commentary on People v. Casiano, 2025 NY Slip Op 04316...
Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.)

Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.)

Date: Jul 26, 2025
Clarifying “Diligent Efforts” in Permanent Neglect: Agency Need Not Rely on Foster-Parent Transportation; Offering Bus Tickets Suffices — Matter of Ayden G. (Nicky C.) Introduction This commentary...
Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5

Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5

Date: Jul 25, 2025
Clarifying the Filing Requirements for Discovery Materials & Embracing E-Service: An Analysis of the Mississippi Supreme Court’s 2025 Amendment to Rule 5 Introduction On 24 July 2025 the Supreme...
“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements

“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements

Date: Jul 24, 2025
“Next Preceding” Means “Immediately Preceding”: The Supreme Court of Ohio’s Definitive Construction of Charter-Based Residency Requirements 1. Introduction In State ex rel. Elmore v. Franklin County...
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law

Date: Jul 24, 2025
Carroll v. Isle of Palms Pest Control, Inc.: South Carolina Re-anchors the Economic Loss Rule in Product Liability Law Introduction In James E. Carroll, Jr. v. Isle of Palms Pest Control, Inc., the...
Registration Alone Does Not Defeat Privacy – A Commentary on Commonwealth v. Anderson (Pa. 2025)

Registration Alone Does Not Defeat Privacy – A Commentary on Commonwealth v. Anderson (Pa. 2025)

Date: Jul 24, 2025
Registration Alone Does Not Defeat Privacy The Pennsylvania Supreme Court Clarifies the Commonwealth’s Initial Burden in Vehicle-Search Suppression Hearings Introduction In Commonwealth v. Anderson,...
“Targeted Legislative Ratification” –  The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments

“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments

Date: Jul 24, 2025
“Targeted Legislative Ratification” – The New Jersey Supreme Court’s New Test for Attorney-General Supersession of Municipal Police Departments Introduction In Mirza M. Bulur v. New Jersey Office of...
“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025)

“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025)

Date: Jul 24, 2025
“No Advisement, No Waiver” – The Indiana Supreme Court’s Mandatory Advisement Rule in D.W. v. State (2025) Introduction The Indiana Supreme Court’s decision in D.W. v. State, 25S-JV-190 (July 23...
Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions – Commentary on Capital Video Corp. v. Bevilacqua (2025)

Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions – Commentary on Capital Video Corp. v. Bevilacqua (2025)

Date: Jul 24, 2025
Rhode Island Supreme Court Affirms Six-Year Limitation on All Executions, Including Replacement Pluries Executions Capital Video Corporation v. Joseph A. Bevilacqua, No. 2023-244 (R.I. Jul. 22, 2025)...
“From Leniency to Liability” –  Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants

“From Leniency to Liability” – Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants

Date: Jul 24, 2025
“From Leniency to Liability” – Zajradhara v. Northern Marianas College (2025 MP 4) and the Supreme Court’s New Standard for Declaring Pro-Se Parties Vexatious Litigants 1. Introduction In Zajradhara...
State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

State v. Hernandez-Peralta: Limiting Padilla — No Constitutional Duty to Investigate Citizenship Beyond the Client’s Own Answer

Date: Jul 24, 2025
State v. Hernandez-Peralta (2025): “No Independent Duty to Verify Citizenship” — A New Limit on Padilla Obligations for Sentencing Counsel 1. Introduction In State v. Juan C. Hernandez-Peralta, the...
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes — A Commentary on Perry County, Indiana, et al. v. Keith D. Huck

Date: Jul 24, 2025
Local Governments May Classify Elected Officials as Part-Time Employees for Health-Insurance Purposes: Commentary on Perry County, Indiana; Board of Commissioners, et al. v. Keith D. Huck, Supreme...
Voluntary Demolition Forecloses Dimensional Variance: Commentary on RH McLeod Family LLC v. Westerly Zoning Board of Review (R.I. 2025)

Voluntary Demolition Forecloses Dimensional Variance: Commentary on RH McLeod Family LLC v. Westerly Zoning Board of Review (R.I. 2025)

Date: Jul 24, 2025
Voluntary Demolition Forecloses Dimensional Variance: RH McLeod Family LLC & 4 Spray Rock, LLC v. Westerly Zoning Board of Review (R.I. 2025) 1. Introduction In this consolidated certiorari...
“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged

“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged

Date: Jul 24, 2025
“No Romance, No Inference”: State v. Threadgill and the Refined Standard for When Consent Must Be Charged 1. Introduction In State v. Larry Threadgill, No. 2023-23-C.A. (R.I. July 18 2025), the Rhode...
Reaffirming the “More-Than-Mere-Inconvenience” Test: Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review (R.I. 2025)

Reaffirming the “More-Than-Mere-Inconvenience” Test: Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review (R.I. 2025)

Date: Jul 24, 2025
Reaffirming the “More-Than-Mere-Inconvenience” Test for Dimensional Variances: A Comprehensive Commentary on Watch Hill Fire District v. Westerly Zoning Board of Review, 330 A.3d ___ (R.I. 2025) I....
Cunningham v. Cunningham (2025):  Rule 11 Sanctions for Improper Attempts to Alter an Incorporated-but-Not-Merged Marital Settlement Agreement

Cunningham v. Cunningham (2025): Rule 11 Sanctions for Improper Attempts to Alter an Incorporated-but-Not-Merged Marital Settlement Agreement

Date: Jul 24, 2025
Cunningham v. Cunningham (R.I. 2025): Supreme Court Affirms Family Court’s Power to Impose Rule 11 Sanctions and Attorneys’ Fees for Motions Seeking Unauthorized Modification of an...
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants

Date: Jul 24, 2025
Notice-Recipient Designations in Reverse Mortgages Impute Knowledge to the Lender: Second Department narrows CPLR 306‑b “interest of justice” extensions for heir defendants Introduction In OneWest...
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