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  • Commentaries
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state Case Commentaries

The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument

The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument

Date: Jun 30, 2025
The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument Introduction In State v. Burton, 373 Or 750 (2025), the Oregon Supreme Court clarified the...
State v. Worsham: Plain-Error Limits on Unrequested Supplemental Jury Instructions

State v. Worsham: Plain-Error Limits on Unrequested Supplemental Jury Instructions

Date: Jun 30, 2025
State v. Worsham (373 Or 739, 2025): Plain-Error Limits on Unrequested Supplemental Jury Instructions Introduction State v. Worsham presented the Supreme Court of Oregon with a deceptively narrow...
“Express Survivorship” & “Alternative Devise” Defeat Alabama’s Antilapse Statute – A Commentary on Johnson v. Mayers (2025)

“Express Survivorship” & “Alternative Devise” Defeat Alabama’s Antilapse Statute – A Commentary on Johnson v. Mayers (2025)

Date: Jun 30, 2025
“Express Survivorship” & “Alternative Devise” Defeat Alabama’s Antilapse Statute – Comprehensive Commentary on Timothy Brian Johnson & Phillip Barnes v. Judith Mayers, SC-2025-0297 I. Introduction In...
“Accident Location Alone Is Not Enough” – Alabama Supreme Court Strengthens the Dual-Nexus Test for Interest-of-Justice Venue Transfers

“Accident Location Alone Is Not Enough” – Alabama Supreme Court Strengthens the Dual-Nexus Test for Interest-of-Justice Venue Transfers

Date: Jun 30, 2025
“Accident Location Alone Is Not Enough” – Alabama Supreme Court Strengthens the Dual-Nexus Test for Interest-of-Justice Venue Transfers 1. Introduction In Ex parte Nathan Nash, the Supreme Court of...
Extending Engquist to Academia: The Alabama Supreme Court Refines Class-of-One Claims and § 14 Immunity in Ex parte Roberts

Extending Engquist to Academia: The Alabama Supreme Court Refines Class-of-One Claims and § 14 Immunity in Ex parte Roberts

Date: Jun 30, 2025
Extending Engquist to Academia: The Alabama Supreme Court Refines Class-of-One Claims and § 14 Immunity in Ex parte Roberts 1. Introduction This commentary unpacks the Supreme Court of Alabama’s...
Passive Online Disclosures & Unsworn Declarations: Ex parte GBC International Bank Clarifies Specific Jurisdiction in Alabama

Passive Online Disclosures & Unsworn Declarations: Ex parte GBC International Bank Clarifies Specific Jurisdiction in Alabama

Date: Jun 30, 2025
Passive Online Disclosures & Unsworn Declarations: Ex parte GBC International Bank Clarifies Specific Jurisdiction in Alabama Introduction On 27 June 2025, the Supreme Court of Alabama handed down Ex...
Beyond § 30-2-57(c): Alabama Supreme Court Affirms Ongoing Common-Law Authority to Reserve Jurisdiction for Future Periodic Alimony

Beyond § 30-2-57(c): Alabama Supreme Court Affirms Ongoing Common-Law Authority to Reserve Jurisdiction for Future Periodic Alimony

Date: Jun 30, 2025
Beyond § 30-2-57(c): Alabama Supreme Court Affirms Ongoing Common-Law Authority to Reserve Jurisdiction for Future Periodic Alimony Introduction In Ex parte Edward Conant Gartrell, Jr., the Supreme...
The Selma Press-Conference Immunity Rule: Alabama Supreme Court Extends Peace-Officer and State-Agent Immunity to Post-Arrest Media Communications

The Selma Press-Conference Immunity Rule: Alabama Supreme Court Extends Peace-Officer and State-Agent Immunity to Post-Arrest Media Communications

Date: Jun 30, 2025
The Selma Press-Conference Immunity Rule: Alabama Supreme Court Extends Peace-Officer and State-Agent Immunity to Post-Arrest Media Communications Introduction In Ex parte Devon McGuire and Spencer...
“The Constitutional-Officer Shield”: Alabama Supreme Court Re-Affirms Absolute Immunity for Sheriffs and Their Deputies (Ex parte Underwood & Miles, 2025)

“The Constitutional-Officer Shield”: Alabama Supreme Court Re-Affirms Absolute Immunity for Sheriffs and Their Deputies (Ex parte Underwood & Miles, 2025)

Date: Jun 30, 2025
“The Constitutional-Officer Shield”: Alabama Supreme Court Re-Affirms Absolute Immunity for Sheriffs and Their Deputies Commentary on Ex parte James E. Underwood & Braden Miles, SC-2024-0263 (26 June...
Cole v. State: Clarifying the Tender-Years Hearsay Exception and the Trustworthiness Threshold for 911 CAD Business Records

Cole v. State: Clarifying the Tender-Years Hearsay Exception and the Trustworthiness Threshold for 911 CAD Business Records

Date: Jun 30, 2025
Cole v. State: Clarifying the Tender-Years Hearsay Exception and the Trustworthiness Threshold for 911 CAD Business Records 1. Introduction On 26 June 2025, the Supreme Court of Mississippi released...
“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections

“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections

Date: Jun 30, 2025
“Margin-of-Illegality” Clarified: Houston v. Smith and the Mississippi Supreme Court’s Modern Test for Ordering Special Elections Introduction In In re: Republican Primary Runoff for Pearl River...
Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson & JPS v. Maxie (Miss. 2025)

Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson & JPS v. Maxie (Miss. 2025)

Date: Jun 30, 2025
Reaffirming the Evidentiary Threshold for Constructive Notice under the Mississippi Tort Claims Act – A Commentary on City of Jackson, Mississippi & Jackson Public School District v. LaQuita Maxie,...
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act

Date: Jun 30, 2025
Neter-Nu v. Methodist Hospital: Capping Hospital Exposure Beyond Conceded Agents and Resetting Pre-Judgment Interest under Indiana’s Medical Malpractice Act Introduction In Zainab Abbas, M.D., et al....
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment

Date: Jun 30, 2025
“Dangerousness” and the Outpatient Alternative: Indiana Supreme Court Clarifies that Imminent Discharge Does Not Defeat a Temporary Involuntary Commitment Introduction In In the Matter of the Civil...
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025)

Date: Jun 30, 2025
“Sole-Cause or No Cause”: The Indiana Supreme Court Re-anchors Frampton Liability in South Bend Community School Corp. v. Grabowski (2025) 1. Introduction South Bend Community School Corporation...
The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions – Commentary on Lewis v. State (2025)

The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions – Commentary on Lewis v. State (2025)

Date: Jun 30, 2025
The “Infliction Rule”: Georgia Supreme Court Clarifies Venue in Felony-Murder Prosecutions A Comprehensive Commentary on Lewis v. State, S25A0023 (Ga. June 26 2025) Introduction Aaron Lewis was...
City of Milton v. Chang: Georgia Re-defines “Road” to Include the Shoulder, Expanding Municipal Liability and Clarifying Pre-Judgment Interest

City of Milton v. Chang: Georgia Re-defines “Road” to Include the Shoulder, Expanding Municipal Liability and Clarifying Pre-Judgment Interest

Date: Jun 30, 2025
City of Milton v. Chang: Georgia Re-defines “Road” to Include the Shoulder, Expanding Municipal Liability and Clarifying Pre-Judgment Interest Introduction On 24 June 2025 the Supreme Court of...
“Plain-Error Limits on Flight Instructions & Party Liability Proof” – A Commentary on Arnsdorff v. State (Ga. 2025)

“Plain-Error Limits on Flight Instructions & Party Liability Proof” – A Commentary on Arnsdorff v. State (Ga. 2025)

Date: Jun 30, 2025
“Plain-Error Limits on Flight Instructions & Party Liability Proof” A Structured Commentary on Arnsdorff v. State, Supreme Court of Georgia, 24 June 2025 I. Introduction On 24 June 2025 the Supreme...
“Slight but Sufficient” — Bowdery v. State and the Modern Standard for Corroborating Accomplice Testimony in Georgia

“Slight but Sufficient” — Bowdery v. State and the Modern Standard for Corroborating Accomplice Testimony in Georgia

Date: Jun 30, 2025
“Slight but Sufficient” — Bowdery v. State and the Modern Standard for Corroborating Accomplice Testimony in Georgia Introduction Bowdery v. State, Supreme Court of Georgia, decided 24 June 2025, is...
Coleman v. State: One Proceeding, One Penalty – Georgia Supreme Court Clarifies Scope of Criminal Contempt and Fifth-Amendment Protection

Coleman v. State: One Proceeding, One Penalty – Georgia Supreme Court Clarifies Scope of Criminal Contempt and Fifth-Amendment Protection

Date: Jun 30, 2025
Coleman v. State: One Proceeding, One Penalty – Georgia Supreme Court Clarifies Scope of Criminal Contempt and Fifth-Amendment Protection Introduction On 24 June 2025, the Supreme Court of Georgia...
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