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  • Commentaries
  • Judgments

state Case Commentaries

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators

Date: Jul 3, 2025
People v. Wallace: Clarifying Proof for SORA Risk Factor 4 and Confirming Concurrent Convictions as Upward-Departure Aggravators Introduction This commentary analyzes the Appellate Division, Second...
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential malpractice—warrants a multi‑year suspension (Matter of Blyer, 2025 NY Slip Op 04005)

Date: Jul 3, 2025
Forging a Colleague’s Signature, Misstating Material Facts, and Unilateral Discontinuance: Second Department affirms that such misconduct—paired with failure to advise of potential...
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)

Date: Jul 3, 2025
Securing Stepladders at ≥10 Feet: Second Department Reaffirms Specificity of 12 NYCRR 23-1.21(e)(3) and Underscores Fact-Intensive Nature of Ladder-Fall Claims under Labor Law §§ 240(1) and 241(6)...
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33

Date: Jul 3, 2025
No Physician-Testimony Requirement at Psychiatric Retention Hearings: Nurse Practitioners Deemed Competent Experts under New York MHL §§ 9.31 and 9.33 Introduction In Matter of Raymond E. (2025 NY...

“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements

“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements

Date: Jul 1, 2025
“Service-Contracts-as-Debt”: Louisiana Supreme Court Requires Bond Commission Approval for Multi-Year Municipal Service Agreements 1. Introduction In 23rd Psalm Trucking, L.L.C. v. Madison Parish...

        Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine
        Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections

Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections

Date: Jul 1, 2025
Extinguishment Upon Delay: The 90-Day Peremptive Deadline and Waiver Doctrine Confirmed in Gerald Williams v. Louisiana Department of Public Safety & Corrections Introduction In Gerald Williams v....
Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals

Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals

Date: Jul 1, 2025
Irwin v. Brent: Reaffirming the Manifest-Error Standard and Implied Consent in Louisiana Intentional-Tort Appeals 1. Introduction On 27 June 2025 the Supreme Court of Louisiana issued a per curiam...
Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron

Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron

Date: Jul 1, 2025
Liquidated Damages as Community Property – The New Rule in Orgeron v. Orgeron Introduction On 27 June 2025, the Supreme Court of Louisiana delivered a landmark decision in Kelly O. Orgeron v. Edward...
“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only

“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only

Date: Jul 1, 2025
“Hands-On, But Not Locked-Out” – Louisiana Supreme Court Narrows the Manual-Labor Exception to Independent Contractors Only Introduction On 27 June 2025 the Supreme Court of Louisiana decided...
The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality

The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality

Date: Jul 1, 2025
The Robinson Principle: Louisiana’s Post-Glossip Clarification on Brady/Napue Materiality Introduction State ex rel. Darrell J. Robinson v. Darrel Vannoy is the Louisiana Supreme Court’s most recent—...
“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State ex rel. D.D. (2025)

“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State ex rel. D.D. (2025)

Date: Jul 1, 2025
“Not Punishment but Protection” – The Louisiana Supreme Court Affirms the Civil Character of Juvenile Sex-Offender Registration in State of Louisiana in the Interest of D.D. (2025) 1. Introduction On...

        State v. Thomas (2025): Re-articulating the “Reasonable-Likelihood” 
        Prejudice Standard and Expanding Defense Counsel’s Evidentiary Duties

State v. Thomas (2025): Re-articulating the “Reasonable-Likelihood” Prejudice Standard and Expanding Defense Counsel’s Evidentiary Duties

Date: Jul 1, 2025
State v. Thomas (La. 2025): Re-articulating the “Reasonable-Likelihood” Prejudice Standard and Expanding Defense Counsel’s Duty to Exploit Available Exculpatory Evidence Introduction On 27 June 2025...
State v. Bracken: Louisiana Embraces the Modified Allen Charge and Overrules Nicholson

State v. Bracken: Louisiana Embraces the Modified Allen Charge and Overrules Nicholson

Date: Jul 1, 2025
State v. Bracken: Louisiana Embraces the Modified Allen Charge and Overrules Nicholson 1. Introduction The Supreme Court of Louisiana’s decision in State of Louisiana v. Dionte Bracken, 2024-K-00375...
State v. Noehl (2025): Re-affirming the Objective “Custody” Test for Miranda in Non-Police-Station Settings

State v. Noehl (2025): Re-affirming the Objective “Custody” Test for Miranda in Non-Police-Station Settings

Date: Jul 1, 2025
State v. Noehl (La. 2025): Re-affirming the Objective “Custody” Test for Miranda in Non-Police-Station Settings Introduction State of Louisiana v. John Noehl and Analise Noehl is the Louisiana...
State v. Coutee: When “Stand-Your-Ground” Trumps the Aggressor Doctrine – A New Clarification from the Louisiana Supreme Court

State v. Coutee: When “Stand-Your-Ground” Trumps the Aggressor Doctrine – A New Clarification from the Louisiana Supreme Court

Date: Jul 1, 2025
When “Stand-Your-Ground” Trumps the Aggressor Doctrine: An In-Depth Commentary on State of Louisiana v. Kayla Jean Giles Coutee (La. 2025) 1. Introduction The Supreme Court of Louisiana’s per curiam...
“Apprendi Errors and the Sentencing-Only Remedy” – A Commentary on State of Louisiana v. Malcolm J. Chester (La. 2025)

“Apprendi Errors and the Sentencing-Only Remedy” – A Commentary on State of Louisiana v. Malcolm J. Chester (La. 2025)

Date: Jul 1, 2025
“Apprendi Errors and the Sentencing-Only Remedy” A Comprehensive Commentary on State of Louisiana v. Malcolm J. Chester, 2024-K-00207 (La. June 27, 2025) 1. Introduction The Supreme Court of...
“Any” Special Privilege or Advantage: The Louisiana Supreme Court Clarifies the Intent Element in False Personation of a Peace Officer (State v. Reginald Ruffins, 2025)

“Any” Special Privilege or Advantage: The Louisiana Supreme Court Clarifies the Intent Element in False Personation of a Peace Officer (State v. Reginald Ruffins, 2025)

Date: Jul 1, 2025
“Any” Special Privilege or Advantage: The Louisiana Supreme Court Clarifies the Intent Element in False Personation of a Peace Officer (State v. Reginald Ruffins, 2025) 1. Introduction State of...
“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation

“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation

Date: Jul 1, 2025
“One Unified Limited-Appearance Form” – A New Benchmark in Florida Family-Law Self-Help Documentation Introduction In In Re: Amendments to the Florida Family Law Rules of Procedure – Forms,...
“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges

“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges

Date: Jul 1, 2025
“The Girley Standard”: Florida Supreme Court Clarifies the Limits of Lawyers’ Public Criticism of Judges Introduction On 26 June 2025 the Supreme Court of Florida decided The Florida Bar v. Brooke...
Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3)

Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3)

Date: Jun 30, 2025
Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3) 1. Introduction In Crosbie v. Asante, 373 Or 773 (2025), the Oregon Supreme Court confronted a recurring...
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