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state Case Commentaries

State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal

State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal

Date: Jul 7, 2025
State v. McLean: Plea-Agreement Waivers of Rule 35 Relief Held Non-Dispositive & High Bar for Judicial Recusal Introduction The Rhode Island Supreme Court’s decision in State v. Andrew McLean,...
State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements

State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements

Date: Jul 7, 2025
State v. Hang – Codefendant Objections and the “Raise-or-Waive” Rule: Rhode Island Supreme Court Clarifies Preservation Requirements 1. Introduction On 2 July 2025 the Rhode Island Supreme Court...
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025)

Date: Jul 7, 2025
Hawaiʻi Supreme Court Recasts Punitive-Damages Doctrine and Rejects “Kinship” Fiduciary Duty – A Commentary on Guieb v. Guieb (2025) 1. Introduction Guieb v. Guieb, SCWC-20-0000727 (July 1 2025), is...
State v. Stetzer: Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence

State v. Stetzer: Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence

Date: Jul 7, 2025
State v. Stetzer (2025 WI 34): Continuous Applicability of the Coercion Defence and Admissibility of Personal-History Evidence in Assessing Reasonableness Introduction In State v. Joan L. Stetzer,...
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals

Date: Jul 7, 2025
The Pena Principle: Legislative Attorney-Fee Caps Cannot Bind New Mexico Courts in Workers’ Compensation Appeals 1. Introduction Pena v. State (2025-NMSC-___) confronts a long-standing tension in New...
“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s
          “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

“Necessary Means Necessary” – The New Mexico Supreme Court Grafts Rule 1-019’s “Complete Relief” Test onto Children’s Court Joinder under Rule 10-121(B)(4)

Date: Jul 7, 2025
“Necessary Means Necessary” — Incorporating the Civil “Necessary-Party” Standard into Abuse-and-Neglect Proceedings: A Commentary on State ex rel. CYFD v. Calvin T. 1. Introduction In State ex rel....
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Bazile v. State (2025 ND 128): Defining the Boundaries of “Pattern” Prosecutorial Misconduct, Newly-Discovered Evidence, and Res Judicata in North Dakota Post-Conviction Relief Introduction Bazile v....
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction

Date: Jul 7, 2025
“Beyond the Wellhead” – The North Dakota Supreme Court Declares Salt-Water Gathering a Post-Production Cost Outside NDIC Adjudicatory Jurisdiction Citation: Equinor Energy v. North Dakota Industrial...
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders – A Commentary on Fagnon v. Ngaima, 2025 ND 122

Date: Jul 7, 2025
Implied Intent & Logical Limits on Time-Distance in Disorderly Conduct Restraining Orders Comprehensive Commentary on Fagnon v. Ngaima, 2025 ND 122 (N.D. Sup. Ct.) 1. Introduction The North Dakota...
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief

Date: Jul 7, 2025
Gomez v. State (2025): Reinforcing the Strict Two-Year Limitation and “Newly-Discovered-Evidence” Exception in North Dakota Post-Conviction Relief Introduction Gomez v. State, 2025 ND 125, is the...
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127)

Date: Jul 7, 2025
Affidavits, Defaults, and Vacatur in Termination of Parental Rights: North Dakota Supreme Court Clarifies the Governing Standard (Interest of B.F. & I.F., 2025 ND 127) 1. Introduction In Interest of...
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120

Date: Jul 7, 2025
Commingled Inheritance, Dissipation, and the Boundaries of Premarital Agreements: Commentary on Sanda v. Sanda, 2025 ND 120 1. Introduction The North Dakota Supreme Court’s decision in Sanda v....
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121

Date: Jul 7, 2025
Inclusion of Significant Gifts & Unreported Earnings in Gross Income for Child-Support Purposes – A Commentary on Toppenberg v. Toppenberg, 2025 ND 121 1. Introduction Parties: Kristina M. Toppenberg...
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne”

Date: Jul 7, 2025
“From ‘Any District Court’ to ‘The Proper County’: The New Mexico Supreme Court Clarifies Venue for NMCRA Claims in City of Roswell v. Sanchez-Gagne 1. Introduction The Supreme Court of New Mexico,...
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims

Date: Jul 7, 2025
Garcia v. Allstate: Written UM/UIM Anti-Stacking Waivers Trump Ambiguity Claims Introduction Garcia v. Allstate Fire and Casualty Insurance Company, decided by the Supreme Court of New Mexico on...
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights

Date: Jul 7, 2025
“Use It or Lose It”: New Mexico Supreme Court Clarifies the Abandonment Test and Formally Adopts an Anti-Speculation Doctrine for Water Rights Introduction The decision in State ex rel. Office of...
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial

Date: Jul 7, 2025
When Privileged T-Visa Evidence Meets Double Jeopardy: The New Mexico Supreme Court Confirms that Indefinite Appellate Stays and Potential Juror Bias Constitute Manifest Necessity for Mistrial...
No Warrant Required for Single Historical App-Based Location Data: Analysis of State v. Diaw (2025-Ohio-2323)

No Warrant Required for Single Historical App-Based Location Data: Analysis of State v. Diaw (2025-Ohio-2323)

Date: Jul 7, 2025
No Warrant Required for Single Historical App-Based Location Data: State v. Diaw as a Modern Extension of the Third-Party Doctrine 1. Introduction In State v. Diaw, Slip Opinion No. 2025-Ohio-2323,...
From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct (Office of Lawyer Regulation v. Steffen, 2025 WI 31)

From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct (Office of Lawyer Regulation v. Steffen, 2025 WI 31)

Date: Jul 7, 2025
From Suspension to Automatic Revocation: The Wisconsin Supreme Court’s New Standard for Prosecutorial Sexual Misconduct Office of Lawyer Regulation v. Daniel P. Steffen, 2025 WI 31 1. Introduction...
“One Incident – One Sentence, Many Verdicts”:  State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c)

“One Incident – One Sentence, Many Verdicts”: State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c)

Date: Jul 7, 2025
“One Incident – One Sentence, Many Verdicts”: State v. McAdory and the Revival Power of Wis. Stat. § 346.63(1)(c) I. Introduction State v. Carl Lee McAdory, 2025 WI 30, is the Wisconsin Supreme...
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