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  • Commentaries
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state Case Commentaries

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2)

Date: Jun 25, 2025
Expanding the “Position of Trust”: Pearson v. State Affirms Volunteer Fire-Service Officers as Authorities under 11 Del. C. § 761(e)(2) Introduction Pearson v. State, No. 268, 2024 (Del. June 24,...
The “Reasonable-Basis & Distinctiveness” Doctrine: Idaho Supreme Court Re-defines Fiscal Impact Statements and Ballot Title Duties in Idahoans United for Women and Families v. Labrador

The “Reasonable-Basis & Distinctiveness” Doctrine: Idaho Supreme Court Re-defines Fiscal Impact Statements and Ballot Title Duties in Idahoans United for Women and Families v. Labrador

Date: Jun 25, 2025
The “Reasonable-Basis & Distinctiveness” Doctrine: Idaho Supreme Court Re-defines Fiscal Impact Statements and Ballot Title Duties in Idahoans United for Women and Families v. Labrador (2025) 1....
Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking

Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking

Date: Jun 25, 2025
Guidance ≠ Rule: The Wisconsin Supreme Court Clarifies that DNR May Enforce the Spills Law Without Substance-Specific Rulemaking 1. Introduction In Wisconsin Manufacturers and Commerce, Inc. v....
Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error

Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error

Date: Jun 25, 2025
Distinct Penetrations, Distinct Crimes: State v. Foster Establishes Clear Test for Multiple Sexual-Offense Charges and Limits on Presence-of-Defendant Error Introduction State v. Donald Edward...
“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (2025 MT 131)

“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (2025 MT 131)

Date: Jun 25, 2025
“Rebutting the Fit-Parent Presumption” – Grandchild Visitation of A.L.U. (Supreme Court of Montana, 2025 MT 131) Introduction In In re the Grandparent–Grandchild Visitation of A.L.U., 2025 MT 131,...
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects

Date: Jun 24, 2025
“The Jones Jurisdiction Principle” – Delaware Clarifies That Indictment Amendments and Element-Omissions in a Plea Colloquy Are Not Jurisdictional Defects Introduction Jones v. State, No. 108, 2025...
“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District

“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District

Date: Jun 24, 2025
“Every Means Every”: Idaho Code § 59-901(1)(e) Applies to All Elected Offices, Making Vacancies Automatic Upon Moving Outside the Electoral District 1. Introduction Case: Sanchez v. City of Boise,...
Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Indiana Supreme Court Declares “No Private Right of Action for Erroneous BMV Records”

Date: Jun 24, 2025
No Private Right of Action for Erroneous BMV Records: Chris A. Kelly v. Indiana Bureau of Motor Vehicles (Ind. 2025) Introduction In Chris A. Kelly v. Indiana Bureau of Motor Vehicles, the Supreme...
Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R.

Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R.

Date: Jun 24, 2025
Limiting Admissibility of Guardian ad Litem Reports in Termination of Parental Rights Proceedings: Commentary on In re J.R.; In re E.R.; In re A.R.; In re D.R. (R.I. 2025) Introduction On 23 June...
Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Iowa 2025)

Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Iowa 2025)

Date: Jun 23, 2025
Refining Iowa’s “Honest-Belief” Rule and the Disability Threshold under the ICRA: A Commentary on McClure v. Corteva Agriscience (Supreme Court of Iowa, 2025) 1. Introduction The Supreme Court of...
“On-Body Containers” and the Search-Incident-to-Arrest Exception: State of Iowa v. Patrick Scullark

“On-Body Containers” and the Search-Incident-to-Arrest Exception: State of Iowa v. Patrick Scullark

Date: Jun 23, 2025
“On-Body Containers” and the Search-Incident-to-Arrest Exception: A Commentary on State of Iowa v. Patrick Scullark Introduction State of Iowa v. Patrick Wayman Scullark, Jr., No. 23-1218, decided by...
“Aggregation and Judicial Restraint in Parole Matters” – A Commentary on Michael Lambert v. Wayne T. Salisbury, Jr. (R.I. 2025)

“Aggregation and Judicial Restraint in Parole Matters” – A Commentary on Michael Lambert v. Wayne T. Salisbury, Jr. (R.I. 2025)

Date: Jun 23, 2025
“Aggregation and Judicial Restraint in Parole Matters” How the Rhode Island Supreme Court Clarified Parole Eligibility and Limited Trial-Court Power in Michael Lambert v. Wayne T. Salisbury, Jr....
Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Kilburn v. VCAM: Emotional-Distress Damages Now Recoverable for Negligent-Supervision Claims Without Proof of Physical Injury When the Underlying Wrong is an Intentional Tort

Date: Jun 23, 2025
Kilburn v. VCAM Commentary: A New Path for Emotional-Distress Recovery in Negligent-Supervision Actions Introduction Ciara Kilburn & Brona Kilburn v. Bill Simmon & Vermont Community Access Media,...
Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Shaffer v. Northeast Kingdom Human Services: Vermont Supreme Court Clarifies Scope of Comparative-Negligence Defenses Against Non-Parties

Date: Jun 23, 2025
Shaffer v. Northeast Kingdom Human Services, Inc.: 2025 VT 31 – A New Limit on “Empty-Chair” Comparative Negligence in Vermont Introduction In Shaffer v. Northeast Kingdom Human Services, Inc., the...
“Control” Equals “Legal Right to Obtain”: Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney

“Control” Equals “Legal Right to Obtain”: Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney

Date: Jun 23, 2025
“Control” Equals “Legal Right to Obtain” Nebraska Supreme Court Tightens Discovery Obligations for LLC Members in Bajjuri v. Karney Introduction On 20 June 2025 the Nebraska Supreme Court, in Bajjuri...
“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law

“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law

Date: Jun 23, 2025
“Sounds, Silence and Remorse” – State v. Vazquez and the Admissibility of Post-Incident Behaviour & Police-Interview Context Under Nebraska Evidence Law 1. Introduction In State v. Vazquez, 319 Neb....
“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters

“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters

Date: Jun 23, 2025
“Request, Not Order” – Kentucky Supreme Court Clarifies the Limits of Police Pocket-Emptying Requests in Consensual Encounters 1. Introduction In Bobby Ray Osborne v. Commonwealth of Kentucky,...
“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping

“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping

Date: Jun 23, 2025
“One Missed Appearance, Many Offenses” – Kentucky Supreme Court Clarifies the Unit-of-Prosecution for First-Degree Bail Jumping Introduction In Brandon Blair v. Commonwealth of Kentucky, the Supreme...
The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky

The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky

Date: Jun 23, 2025
The “Carson Waiver” Clarified: When a Clear “No-Objection” Extinguishes Appellate Review in Kentucky Introduction In Cassandra Carson v. Commonwealth of Kentucky (Ky. Sup. Ct. No. 2023-SC-0320-MR, 20...
Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases

Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases

Date: Jun 23, 2025
Hall v. Commonwealth: Clarifying Invited-Error Waiver and Contextual 404(b) Evidence in Forcible-Compulsion Sodomy Cases Introduction The Supreme Court of Kentucky’s unpublished memorandum opinion in...
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