state Case Commentaries

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS

Date: Aug 31, 2025

No Due Process Violation from Extensive Representation Hearings; “Reasonable Efforts” Satisfied Despite Parental Noncooperation — Commentary on R.G. (Father) v. State of Alaska, DFCS/OCS Memorandum...

Riverside Reaffirmed: Idaho Supreme Court Confirms Bench-Trier May Resolve Conflicting Inferences at Summary Judgment; No “Rent Substitution” Credit for Affiliate-Funded Construction Absent Proof

Date: Aug 31, 2025

Riverside Reaffirmed: Bench-Trier Summary Judgment and the Limits of “Rent Substitution” under a Triple‑Net Lease Introduction In Erie Properties, LLC v. Global Growth Holdings, Inc., the Idaho...

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming

Date: Aug 31, 2025

Imminent Danger Without Observable Impairment: Positive Methamphetamine UA and Ignoring Infant Car-Seat Instructions Suffice for Neglect in Wyoming Introduction In In the Interest of MC, Minor Child:...

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt Judicial Intervention

Date: Aug 31, 2025

State v. McGuire: Idaho Supreme Court Clarifies Dual “Duty” Standards—Broad for Felony Battery on Officers, Narrow (Lawfulness-Dependent) for Resisting; Burden-Shifting Misconduct Cured by Prompt...

Implicit Compliance with Adm.Code 4121-3-34(D)(3)(i): Hearing Officers Need Not Itemize Every Psychological Restriction in PTD Orders

Date: Aug 31, 2025

Implicit Compliance with Adm.Code 4121-3-34(D)(3)(i): Hearing Officers Need Not Itemize Every Psychological Restriction in PTD Orders Introduction In State ex rel. Urban v. Wano Expiditing, Inc.,...

No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed (Benton v. State, Mont. 2025) – Nonprecedential

Date: Aug 31, 2025

No Ex Post Facto Relief Where Duty Pre‑Existed 2007 SVORA: Waiver by Unconditional Plea and Direct‑Appeal Bar Reaffirmed Benton v. State, 2025 MT 191N (Mont. Aug. 26, 2025) — Memorandum opinion,...

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act

Date: Aug 31, 2025

Girasole v. Paws Up: Inherent Risk Defines Duty—No Liability Without Atypical Hazards or Statutory Exception Under Montana’s Equine Activities Act Introduction In Girasole v. Paws Up, the Supreme...

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190)

Date: Aug 31, 2025

Logical Inferences Must Be Record‑Rooted: Montana Supreme Court Clarifies the “Some Evidence” Threshold for Self‑Defense Jury Instructions in State v. Holcomb (2025 MT 190) Introduction In State v....

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice

Date: Aug 31, 2025

Email Notice Counts: Montana Supreme Court Clarifies PFO Notice “Given” Need Not Be Filed by the Omnibus Deadline and Minor Tardiness Does Not Mandate Reversal Absent Prejudice Case Comment: State v....

State v. Jacques (Conn. 2025): No Second Probable Cause Hearing After Appellate Reversal; Medical Memory Loss Does Not Defeat Confrontation or Whelan; Clarified Reliability Gatekeeping for Jailhouse Informants

Date: Aug 31, 2025

State v. Jacques: Probable Cause Survives Appellate Suppression; Medical Memory Loss Does Not Bar Confrontation or Whelan; Reliability Threshold for Jailhouse Informants Affirmed Introduction In...

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record

Date: Aug 31, 2025

When the Record Is Not Enough: Hawai‘i Supreme Court Requires an EA as a Matter of Law for HEPA Exemptions Not Supported on the Face of the Agency Record Introduction In Ke Kauhulu O Mānā v. Board of...

Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State

Date: Aug 31, 2025

Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State Introduction In Allen v. State, the...

Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials

Date: Aug 31, 2025

Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials Introduction In Foster v. State (Supreme Court of...

Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II)

Date: Aug 31, 2025

Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II) Introduction In Gateway Pines Hahira, LP v. Lowndes County...

Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by Non-Eyewitness Child Clarified

Date: Aug 31, 2025

Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by...

Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025)

Date: Aug 31, 2025

Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025) Introduction In Mack v. State, the Supreme Court of...

No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State

Date: Aug 31, 2025

No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State Introduction In Marrow v. State (Supreme...

Payne v. State: Limiting Debelbot and Clarifying Photo‑Lineup Challenges—Media Exposure Arguments Go to Weight, and “50%” Reasonable‑Doubt Misstatements Are Deficient but Not Automatically Prejudicial

Date: Aug 31, 2025

Payne v. State: Limiting Debelbot and Clarifying Photo‑Lineup Challenges—Media Exposure Arguments Go to Weight, and “50%” Reasonable‑Doubt Misstatements Are Deficient but Not Automatically...

Limiting the “Bolstering” Harmless-Error Rule: Prior Inconsistent Statements Fall Outside the Exclusion in Georgia

Date: Aug 31, 2025

Limiting the “Bolstering” Harmless-Error Rule: Prior Inconsistent Statements Fall Outside the Exclusion in Georgia Introduction In Richardson v. State (Supreme Court of Georgia, Aug. 26, 2025), the...

Scott v. State (Ga. 2025): Independent Evidence Required to Show Prejudice on Ineffective-Assistance Claims Based on Unpursued Delusional-Compulsion Defenses; No Abuse in Denying Serial Continuances

Date: Aug 31, 2025

Scott v. State (Ga. 2025): Independent Evidence Required to Show Prejudice on Ineffective-Assistance Claims Based on Unpursued Delusional-Compulsion Defenses; No Abuse in Denying Serial Continuances...

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