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  • Commentaries
  • Judgments

state Case Commentaries

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records

Date: Jul 17, 2025
Confirmed Chapter 13 “Surrender/Release” Judicially Estops FAPA and Other Nonjurisdictional Foreclosure Defenses; Referee’s Amount-Due Findings Must Be Supported by Produced Business Records...
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties

Date: Jul 17, 2025
No Constructive Trust Without a Property‑Specific Promise: The Second Department limits constructive trusts where diverted funds merely improve unrelated properties Introduction In Angel v....
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts

Date: Jul 16, 2025
HomeRiver v. Anders Business Solutions: Reaffirming the Strict Majority-Member Exception for LLC Self-Representation in Montana Justice Courts Supreme Court of Montana – 2025 MT 154N Appeal No. DA...
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care (PUSD 210 v. Hon. Sinclair/Lucero, 2025)

Date: Jul 16, 2025
“Outside the School-Student Relationship” – Arizona Supreme Court Defines the Geographic Limits of a School’s Duty of Care Commentary on PUSD 210 v. Hon. Sinclair / Lucero, CV-24-0307-PR (Ariz. Jul....
The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico

Date: Jul 16, 2025
The Padilla Tolling Rule: Dismissal Without Prejudice Does Not Stop the Statutory Clock for Second-Degree Felonies in New Mexico 1. Introduction In State v. Padilla, decided on 15 July 2025, the New...
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal

Date: Jul 16, 2025
The “Enclosure” Imperative Reaffirmed: State v. Jones (2025) and the Non-Structural Portal 1. Introduction In State v. Jones, the Supreme Court of New Mexico confronted a deceptively simple but...
Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards

Date: Jul 16, 2025
Clarifying the Procedural Framework for De Novo Appeals in Rhode Island: Discovery Limits, Order of Proof, and Pro-Se Litigant Standards Introduction In E.H. Turf Supply Co., Inc. d/b/a Allen’s Seed...

        “Clear and Unmistakable Waiver” Required:  Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

“Clear and Unmistakable Waiver” Required: Garcia v. New Mexico Human Services Department and the Autonomy of Public Employees’ Statutory Rights

Date: Jul 16, 2025
“Clear and Unmistakable Waiver” Required to Compel Arbitration of Statutory Claims: A Commentary on Garcia v. New Mexico Human Services Department (2025) 1. Introduction In Garcia v. New Mexico Human...
Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Clark v. DRC: Ohio Supreme Court Reaffirms State’s Duty to Obtain Public Records Held by Private Prison Operators

Date: Jul 16, 2025
Clark v. Department of Rehabilitation & Correction (2025-Ohio-2473): Ohio Supreme Court Reaffirms the State’s Non-Delegable Duty to Retrieve and Produce Public Records Held by Private Prison...
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island

Date: Jul 16, 2025
“Heat-of-Passion” Re-Visited: State v. Mangru Confirms the Sequential-Consideration Rule for Voluntary Manslaughter Instructions in Rhode Island 1. Introduction Case: State v. Andrew Mangru, Nos....
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions

Date: Jul 15, 2025
Bell v. State: Idaho Supreme Court Clarifies Preservation Requirements and Specificity Standards for Incorporating Claims in Amended Post-Conviction Petitions 1. Introduction Bell v. State, 52104...
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – A Commentary on State v. Swayne, 2025-NMSC-___

Date: Jul 15, 2025
“One LSA per Degree Level” & the Formal Adoption of the Turner Test in New Mexico – Commentary on State v. Swayne, 2025-NMSC-___ 1. Introduction In State v. Swayne (2025), the New Mexico Supreme...
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning (Commentary on Gordon v. State, Del. Supr. Ct. 2025)

Date: Jul 15, 2025
“Implicit-Consequences” Doctrine: When a Guilty Plea Validly Waives Probation-Violation Challenges Without an Express Court Warning Commentary on Gordon v. State (Supreme Court of Delaware, July 14...
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico (Commentary on State v. Valencia, 2025-NMSC-___)

Date: Jul 15, 2025
“Sufficient Evidence to Raise a Reasonable Doubt” – The New Standard for Voluntary-Intoxication Jury Instructions in New Mexico Commentary on State v. Valencia, 2025-NMSC-___ I. Introduction State v....
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025)

Date: Jul 15, 2025
“Neutral Narrative” Testimony and the Absence of a Sua Sponte Instruction: The Legacy of Johnson v. State (Del. 2025) Introduction Johnson v. State, No. 320, 2024 (Del. July 14, 2025) tackles a...
“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025)

“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025)

Date: Jul 15, 2025
“Jurisdiction vs. Remedy”: Idaho Supreme Court Affirms Its Authority to Hear Appeals from Void Intermediate Decisions – Comment on State v. Moore (2025) Introduction State v. Moore, decided by the...
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality

Date: Jul 15, 2025
“Partisan-Parity Standing” – Michigan Supreme Court Confers Standing on Major Political Parties to Enforce Election-Inspector Equality Introduction The case of Michigan Republican Party & Republican...
From Automatic Discharge to Due-Process Balancing:  Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico

Date: Jul 15, 2025
From Automatic Discharge to Due-Process Balancing: Aragon v. Martinez Redefines the Remedy for Untimely Sex-Offender Parole Reviews in New Mexico Introduction Aragon v. Martinez, consolidated with...
State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b)

State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b)

Date: Jul 15, 2025
State v. Olayinka Alege: Clarifying the Threshold for Franks Hearings on Arrest Warrants and the Admissibility of Similar-Act Evidence under Rule 404(b) Introduction State v. Olayinka Alege,...
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees

Date: Jul 13, 2025
“Directory, Not Disqualifying” – Arizona Supreme Court Holds that Failure to File A.R.S. § 14-5109 Notice Does Not Automatically Bar Professional Fees 1. Introduction In In the Matter of the...
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