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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 (2025) 1....
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 Introduction State v. Donald Edward...
“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 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 1. Introduction Case: Sanchez v. City of Boise,...
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. (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 (Supreme Court of Iowa, 2025) 1. Introduction The Supreme Court of...
“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” 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 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, 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 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 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 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 Introduction In Brandon Blair v. Commonwealth of Kentucky, the Supreme...
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 Introduction The Supreme Court of Kentucky’s unpublished memorandum opinion in...