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  • Commentaries
  • Judgments

state Case Commentaries

State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute

State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute

Date: Dec 12, 2025
State v. Oliver: Recognizing Attempted First-Degree Assault-Harm as a Cognizable Offense Under Minnesota’s General Attempt Statute I. Introduction In State of Minnesota v. Lisa Dawn Oliver, A23‑1062...
State v. Smith: Justifiable Use of Force Does Not Bar a Mitigated Deliberate Homicide Lesser-Included Instruction

State v. Smith: Justifiable Use of Force Does Not Bar a Mitigated Deliberate Homicide Lesser-Included Instruction

Date: Dec 11, 2025
State v. Smith: Justifiable Use of Force Does Not Bar a Mitigated Deliberate Homicide Lesser-Included Instruction I. Introduction In State v. Smith, 2025 MT 281, the Montana Supreme Court affirmed...
Reaffirming Particularized Suspicion to Expand Speeding Stops into DUI Investigations: Commentary on State v. Trimble (Mont. 2025)

Reaffirming Particularized Suspicion to Expand Speeding Stops into DUI Investigations: Commentary on State v. Trimble (Mont. 2025)

Date: Dec 11, 2025
Reaffirming Particularized Suspicion to Expand Speeding Stops into DUI Investigations: Commentary on State v. Trimble (Mont. 2025) I. Introduction The Montana Supreme Court’s memorandum decision in...
State v. Mullendore: Clarifying Child-Restraint Negligence, Intervening Causes, Expert Testimony, and Lost-Wage Restitution in Montana Homicide Cases

State v. Mullendore: Clarifying Child-Restraint Negligence, Intervening Causes, Expert Testimony, and Lost-Wage Restitution in Montana Homicide Cases

Date: Dec 11, 2025
State v. Mullendore: Clarifying Child-Restraint Negligence, Intervening Causes, Expert Testimony, and Lost-Wage Restitution in Montana Homicide Cases I. Introduction In State v. Mullendore, 2025 MT...
Due Process, Discovery, and Use of Withdrawn Violations in Montana Probation Revocations: Commentary on State v. Pettit

Due Process, Discovery, and Use of Withdrawn Violations in Montana Probation Revocations: Commentary on State v. Pettit

Date: Dec 11, 2025
Due Process, Discovery, and Use of Withdrawn Violations in Montana Probation Revocations: Commentary on State v. Pettit I. Introduction The Montana Supreme Court’s memorandum decision in State v....
Probation Waivers vs. Co‑Occupant Objection: State v. Horn and the Limits of Georgia v. Randolph in Idaho

Probation Waivers vs. Co‑Occupant Objection: State v. Horn and the Limits of Georgia v. Randolph in Idaho

Date: Dec 11, 2025
Probation Waivers vs. Co‑Occupant Objection: State v. Horn and the Limits of Georgia v. Randolph in Idaho I. Introduction In State v. Horn, the Idaho Supreme Court confronted two recurring and...
Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP

Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP

Date: Dec 11, 2025
Opinion-of-Counsel Conditions as Independent, Good‑Faith Safeguards in Delaware MLPs: A Commentary on Bandera Master Fund LP v. Boardwalk Pipeline Partners, LP (Del. Dec. 10, 2025) I. Introduction...
Municipal Authority to Withdraw from Merged and Regional School Districts Under N.J.S.A. 18A:13‑47.11: Commentary on In re Verified Petition for the Proposed Creation of a PK‑12 All‑Purpose Regional School District (Sea Bright)

Municipal Authority to Withdraw from Merged and Regional School Districts Under N.J.S.A. 18A:13‑47.11: Commentary on In re Verified Petition for the Proposed Creation of a PK‑12 All‑Purpose Regional School District (Sea Bright)

Date: Dec 11, 2025
Municipal Authority to Withdraw from Merged and Regional School Districts Under N.J.S.A. 18A:13‑47.11 Commentary on In re Verified Petition for the Proposed Creation of a PK‑12 All‑Purpose Regional...
Duso v. Groton and the Meaning of “Nature and Scope of Coverages”: Why Employer HSA Contributions Are Not “Coverage” or “Deductibles” for Retiree Health Parity

Duso v. Groton and the Meaning of “Nature and Scope of Coverages”: Why Employer HSA Contributions Are Not “Coverage” or “Deductibles” for Retiree Health Parity

Date: Dec 11, 2025
Duso v. Groton and the Meaning of “Nature and Scope of Coverages”: Why Employer HSA Contributions Are Not “Coverage” or “Deductibles” for Retiree Health Parity I. Introduction In Duso v. Groton, 353...
Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard

Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard

Date: Dec 11, 2025
Bolden v. State and the Right to Counsel at Plea Withdrawal: Sequencing Counsel-Withdrawal Motions and the “Good Cause” Standard I. Introduction Bolden v. State (Del. Supr. Dec. 9, 2025) is a...
Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law

Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law

Date: Dec 11, 2025
Keys v. State and the Limits on Using Rap Lyrics and Social Media Audio Under Delaware Evidence Law I. Introduction Keys v. State, No. 368, 2024 (Del. Dec. 9, 2025), is a significant Supreme Court of...
No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State

No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State

Date: Dec 11, 2025
No Mid‑Crime Withdrawal: Accomplice Liability and Termination of Complicity in Henry v. State Introduction In Henry v. State, No. 519, 2024 (Del. Dec. 9, 2025), the Delaware Supreme Court, sitting en...
Harmless Error in Omitted Forcible-Felony Justification Instructions: Commentary on Westbrook v. State (Ga. 2025)

Harmless Error in Omitted Forcible-Felony Justification Instructions: Commentary on Westbrook v. State (Ga. 2025)

Date: Dec 10, 2025
Harmless Error in Omitted Forcible-Felony Justification Instructions: Commentary on Westbrook v. State (Supreme Court of Georgia, 2025) I. Introduction In Westbrook v. State, S26A0101 (Dec. 9, 2025),...
Dixon v. State: Clarifying Expert Disclosure Duties and Aggressor-Based Limits on Self‑Defense in Georgia

Dixon v. State: Clarifying Expert Disclosure Duties and Aggressor-Based Limits on Self‑Defense in Georgia

Date: Dec 10, 2025
Dixon v. State: Clarifying Expert Disclosure Duties and Aggressor-Based Limits on Self‑Defense in Georgia I. Introduction In Dixon v. State, S26A0052 (Ga. Dec. 9, 2025), the Supreme Court of Georgia...
Johnson v. State: Demonstrative Video Evidence in Opening Statements and the Bounds of Prosecutorial Argument in Georgia

Johnson v. State: Demonstrative Video Evidence in Opening Statements and the Bounds of Prosecutorial Argument in Georgia

Date: Dec 10, 2025
Johnson v. State: Demonstrative Video Evidence in Opening Statements and the Bounds of Prosecutorial Argument in Georgia I. Introduction Johnson v. State, decided by the Supreme Court of Georgia on...
Direct Evidence and Appellate Abandonment in Georgia Criminal Appeals: Commentary on Montgomery v. State

Direct Evidence and Appellate Abandonment in Georgia Criminal Appeals: Commentary on Montgomery v. State

Date: Dec 10, 2025
Direct Evidence as a Bar to Georgia’s Circumstantial Evidence Rule and Strict Enforcement of Appellate Abandonment: Commentary on Montgomery v. State 1. Introduction The Supreme Court of Georgia’s...
Norwood v. State: Reaffirming No-Knowledge Requirement for First-Degree Child Cruelty and Clarifying “Thirteenth Juror” Review in Georgia

Norwood v. State: Reaffirming No-Knowledge Requirement for First-Degree Child Cruelty and Clarifying “Thirteenth Juror” Review in Georgia

Date: Dec 10, 2025
Norwood v. State: Reaffirming No-Knowledge Requirement for First-Degree Child Cruelty and Clarifying “Thirteenth Juror” Review in Georgia I. Introduction In Norwood v. State, S25A1383 (Ga. Dec. 9,...
Venticinque v. Lair: Clarifying the Burden of Proving Harm and the Limits of Equitable Caregiver Status under OCGA § 19‑7‑3.1

Venticinque v. Lair: Clarifying the Burden of Proving Harm and the Limits of Equitable Caregiver Status under OCGA § 19‑7‑3.1

Date: Dec 10, 2025
Venticinque v. Lair: Clarifying the Burden of Proving Harm and the Limits of Equitable Caregiver Status under OCGA § 19‑7‑3.1 I. Introduction In Venticinque v. Lair, the Supreme Court of Georgia...
Edwards v. State: Clarifying Transferred Justification and Pattern Excessive-Force Instructions in Bystander Killings

Edwards v. State: Clarifying Transferred Justification and Pattern Excessive-Force Instructions in Bystander Killings

Date: Dec 10, 2025
Edwards v. State: Clarifying Transferred Justification and Pattern Excessive-Force Instructions in Bystander Killings I. Introduction In Edwards v. State, decided December 9, 2025, the Supreme Court...
Impeachment with Underlying First Offender Conduct under Rule 608(b): Commentary on Lewis v. State (Ga. 2025)

Impeachment with Underlying First Offender Conduct under Rule 608(b): Commentary on Lewis v. State (Ga. 2025)

Date: Dec 10, 2025
Impeachment with Underlying First Offender Conduct under Rule 608(b): A Commentary on Lewis v. State, Supreme Court of Georgia (Dec. 9, 2025) I. Introduction The Supreme Court of Georgia’s decision...
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