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  • Commentaries
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state Case Commentaries

Howard v. Plank: Clarifying the Evidentiary Burden for Mandamus and Statutory Damages under Ohio’s Public Records Act

Howard v. Plank: Clarifying the Evidentiary Burden for Mandamus and Statutory Damages under Ohio’s Public Records Act

Date: Jul 10, 2025
Howard v. Plank: Clarifying the Evidentiary Burden for Mandamus and Statutory Damages under Ohio’s Public Records Act 1. Introduction State ex rel. Howard v. Plank, Slip Opinion No. 2025-Ohio-2325,...
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing

Date: Jul 10, 2025
Finality over Formality: Barlow v. State and the Discretion to Deny Plea Withdrawal Without an Evidentiary Hearing Introduction Barlow v. State, decided by the Supreme Court of Delaware on 8 July...
“Effective Upon the Date of Application” – The Idaho Supreme Court Establishes Retroactive Homestead Exemption & Affirms Broad Enforcement Powers of the State Tax Commission

“Effective Upon the Date of Application” – The Idaho Supreme Court Establishes Retroactive Homestead Exemption & Affirms Broad Enforcement Powers of the State Tax Commission

Date: Jul 10, 2025
“Effective Upon the Date of Application” Retroactive Homestead Exemption & Broad Enforcement Authority of the Idaho State Tax Commission (Latah County v. Idaho State Tax Commission, 2025) 1....
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N)

When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator – Commentary on Conservatorship of S.H.C. (2025 MT 151N)

Date: Jul 10, 2025
When Guardianship Leaves the Wallet Closed: Montana Supreme Court Confirms the Primacy of a Durable Power of Attorney in Selecting a Conservator Commentary on Conservatorship of S.H.C., 2025 MT 151N...
Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Commentary on Estate of Elliot, 2025 MT 149

Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Commentary on Estate of Elliot, 2025 MT 149

Date: Jul 10, 2025
Probate Courts May Approve Estate-Related Settlements and Are Reviewed for Abuse of Discretion: A Comprehensive Commentary on Estate of Elliot, 2025 MT 149 Introduction Estate of Elliot is the...
Equitable Rescission in Grantor-Support Agreements Clarified: Commentary on Helvik v. Tuscano (2025 MT 150)

Equitable Rescission in Grantor-Support Agreements Clarified: Commentary on Helvik v. Tuscano (2025 MT 150)

Date: Jul 10, 2025
Equitable Rescission in Grantor-Support Agreements Clarified: Comprehensive Commentary on Helvik v. Tuscano, 2025 MT 150 Introduction Helvik v. Tuscano is the Montana Supreme Court’s most significant...
Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property

Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property

Date: Jul 10, 2025
Colver Estate Jurisdiction Rule: Probate Courts Cannot Determine Third-Party Equitable Ownership of Estate Property 1. Introduction In In the Matter of the Estate of Rosemary E. Colver, 2025 MT 146,...
Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims

Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims

Date: Jul 10, 2025
Ragner v. State: Reinforcing the Strickland Prejudice Threshold for Omitted-Witness Ineffective-Assistance Claims 1. Introduction Shelby Ragner was convicted by a Gallatin County jury of Sexual...
“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct

“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct

Date: Jul 10, 2025
“Private Words, Public Peace” – State v. Baertsch and the Public-Disturbance Threshold for Disorderly Conduct 1. Introduction State v. Douglas Baertsch, 2025 MT 143, is a high-profile decision of the...
Schultz and the “Fictional Victim” Rule:  Mandatory-Minimum Enhancements Require an Actual Child Victim

Schultz and the “Fictional Victim” Rule: Mandatory-Minimum Enhancements Require an Actual Child Victim

Date: Jul 10, 2025
Schultz and the “Fictional Victim” Rule: Mandatory-Minimum Enhancements Require an Actual Child Victim Introduction State v. Schultz, 2025 MT 142, arises from an Internet sting in which David Ray...

        “Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a
        Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation —
        Commentary on State v. N. Huff, 2025 MT 152N

“Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation — Commentary on State v. N. Huff, 2025 MT 152N

Date: Jul 10, 2025
“Failing the PSI”: How Non-Compliance with Presentence Investigation Requirements Constitutes a Material Breach that Releases the State from Its Plea-Agreement Sentencing Recommendation — Commentary...
“Two Paths for Victim-Violence Evidence”: Clarifying Rule 404(a)(2) & 405(a) After State v. Donahue (2025 MT 144)

“Two Paths for Victim-Violence Evidence”: Clarifying Rule 404(a)(2) & 405(a) After State v. Donahue (2025 MT 144)

Date: Jul 10, 2025
“Two Paths for Victim-Violence Evidence” Clarifying Rule 404(a)(2) & 405(a) in Self-Defense Cases — Commentary on State v. R. Donahue, 2025 MT 144 1. Introduction In State v. Donahue the Montana...
Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147)

Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147)

Date: Jul 10, 2025
Illustrative Evidence vs. Testimonial Content: The Montana Supreme Court’s Clarification on Jury Access to Child-Witness Drawings in State v. Walks (2025 MT 147) Introduction State v. Stephen Eric...

        “Restoring the Road”: Stephenson v. Lone Peak – 2025 MT 148
        and the Refined Status-Quo Test for Preliminary Injunctions in Easement Disputes

“Restoring the Road”: Stephenson v. Lone Peak – 2025 MT 148 and the Refined Status-Quo Test for Preliminary Injunctions in Easement Disputes

Date: Jul 10, 2025
“Restoring the Road”: Stephenson v. Lone Peak – 2025 MT 148 and the Refined Status-Quo Test for Preliminary Injunctions in Easement Disputes Introduction Stephenson v. Lone Peak, 2025 MT 148, is the...
Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption (Fazio v. Altice USA, 2025)

Date: Jul 10, 2025
Specificity as the Keystone: New Jersey Supreme Court Clarifies When Habit Evidence Creates a Rebuttable Presumption Commentary on Gerald Fazio Jr. v. Altice USA, 256 N.J. ___ (2025) 1. Introduction...
Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract — Commentary on Golia v. Vieira (2025 NY Slip Op 04087)

Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract — Commentary on Golia v. Vieira (2025 NY Slip Op 04087)

Date: Jul 10, 2025
Exhaustion of CBA Remedies Applies to Non‑Signatory Residency Directors; No Tortious Interference Without an Existing Contract Commentary on Golia v. Vieira, 2025 NY Slip Op 04087 (App Div, 2d Dept)...
The Coletta Threshold: Rhode Island’s New Standard for Admitting False-Confession Expert Testimony

The Coletta Threshold: Rhode Island’s New Standard for Admitting False-Confession Expert Testimony

Date: Jul 10, 2025
The Coletta Threshold: Rhode Island Supreme Court Clarifies the Foundation Required to Admit False-Confession Expert Testimony 1. Introduction State v. Joseph Coletta (R.I. Sup. Ct. July 9 2025) is a...
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025)

Date: Jul 10, 2025
Strict Defamation Pleading and Litigation Privilege; NIED Duty Limits; and Timely CPLR 3211 Motions After Substituted Service — Orrego v. Knipfing (2025) Introduction In Orrego v. Knipfing (2025 NY...
CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

CPLR 306-b “Interest of Justice” Extensions After Defective Foreclosure Service; Borrower/Fee Owner’s Jurisdictional Absence Requires Dismissal of Remaining Parties

Date: Jul 10, 2025
Interest-of-Justice Extensions After Defective Foreclosure Service: Second Department Confirms CPLR 306-b Relief Absent Judgment and Reaffirms Necessity of Joining the Borrower/Fee Owner Introduction...
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC

Date: Jul 10, 2025
Temporal Proximity Alone Cannot Sustain a Pregnancy Discrimination Claim at the Pleading Stage When Employer Shows Contemporaneous Layoffs: Margarita v. Mountain Time Health, LLC Introduction This...
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