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  • Commentaries
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state Case Commentaries

Frison v. State: Deference to the Jury When Video Evidence Undercuts a Self-Defense Claim

Frison v. State: Deference to the Jury When Video Evidence Undercuts a Self-Defense Claim

Date: Dec 10, 2025
Frison v. State: Deference to the Jury When Video Evidence Undercuts a Self-Defense Claim I. Introduction In Frison v. State, S25A1246 (Ga. Dec. 9, 2025), the Supreme Court of Georgia affirmed a...
From Declaratory Judgments to “Any Other Action”: The Georgia Supreme Court Broadens the Attorney General Service Requirement in Chestnut Ridge, LLLP v. Hall County Board of Tax Assessors

From Declaratory Judgments to “Any Other Action”: The Georgia Supreme Court Broadens the Attorney General Service Requirement in Chestnut Ridge, LLLP v. Hall County Board of Tax Assessors

Date: Dec 10, 2025
From Declaratory Judgments to “Any Other Action”: The Georgia Supreme Court Broadens the Attorney General Service Requirement in Chestnut Ridge, LLLP v. Hall County Board of Tax Assessors I....
Present‑Sense Text Messages and Circumstantial Proof of Homicide: A Commentary on Moss v. State

Present‑Sense Text Messages and Circumstantial Proof of Homicide: A Commentary on Moss v. State

Date: Dec 10, 2025
Present‑Sense Text Messages and Circumstantial Proof of Homicide: A Commentary on Moss v. State I. Introduction In Moss v. State, S25A1239 (Ga. Dec. 9, 2025), the Supreme Court of Georgia addressed...
Saunders v. State: Abandonment of Ineffective-Assistance Claims and Appellate Limits on “Thirteenth Juror” Review

Saunders v. State: Abandonment of Ineffective-Assistance Claims and Appellate Limits on “Thirteenth Juror” Review

Date: Dec 10, 2025
Saunders v. State: Abandonment of Ineffective-Assistance Claims and Appellate Limits on “Thirteenth Juror” Review I. Introduction In Saunders v. State, S25A1091 (Ga. Dec. 9, 2025), the Supreme Court...
State v. Phillips: Violation of Oath by Public Officer as a Potential Predicate Felony for Felony Murder in Georgia

State v. Phillips: Violation of Oath by Public Officer as a Potential Predicate Felony for Felony Murder in Georgia

Date: Dec 10, 2025
State v. Phillips: Violation of Oath by Public Officer as a Potential Predicate Felony for Felony Murder in Georgia I. Introduction The Supreme Court of Georgia’s decision in State v. Phillips,...
Different Malice, Different Verdicts: Montgomery v. State and the Coexistence of Malice‑Murder Acquittals with Felony‑Murder Convictions Based on Aggravated Battery

Different Malice, Different Verdicts: Montgomery v. State and the Coexistence of Malice‑Murder Acquittals with Felony‑Murder Convictions Based on Aggravated Battery

Date: Dec 10, 2025
Different Malice, Different Verdicts: Montgomery v. State and the Coexistence of Malice‑Murder Acquittals with Felony‑Murder Convictions Based on Aggravated Battery I. Introduction In Montgomery v....
Implicit Findings and Strategic Choices: Residual Hearsay, Juror Substitution, and Speedy‑Trial Ineffectiveness in Lee v. State

Implicit Findings and Strategic Choices: Residual Hearsay, Juror Substitution, and Speedy‑Trial Ineffectiveness in Lee v. State

Date: Dec 10, 2025
Implicit Findings and Strategic Choices: Residual Hearsay, Juror Substitution, and Speedy‑Trial Ineffectiveness in Lee v. State I. Introduction The Supreme Court of Georgia’s decision in Lee v....
Actual Notice of Citation, Not Mere Knowledge of Suit, Governs Conscious Indifference Under Craddock After Alternative Service: Commentary on Jenna Tabakman v. Gary Tabakman

Actual Notice of Citation, Not Mere Knowledge of Suit, Governs Conscious Indifference Under Craddock After Alternative Service: Commentary on Jenna Tabakman v. Gary Tabakman

Date: Dec 10, 2025
Actual Notice of Citation, Not Mere Knowledge of the Lawsuit, Governs Conscious Indifference Under Craddock After Alternative Service: A Commentary on Jenna Tabakman v. Gary Tabakman I. Introduction...
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act

Date: Dec 10, 2025
No Implied Municipal Power to Exclude Supplemental Waste Providers Under the Arkansas Solid Waste Management Act I. Introduction In Steven Hedrick and X-Dumpsters v. City of Holiday Island, 2025 Ark....
Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC

Date: Dec 10, 2025
Material Adversity Among Co‑Defendants: Arkansas Clarifies Rule 1.9 Conflicts in Pinnacle In Home Care, LLC v. 1 Source Senior Care, LLC, 2025 Ark. 193 1. Introduction In Pinnacle In Home Care, LLC...
Hunter v. Universal Precast: Limiting Dismissal as a Sanction After Mistrial and Reaffirming Gatekeeping in Wyoming

Hunter v. Universal Precast: Limiting Dismissal as a Sanction After Mistrial and Reaffirming Gatekeeping in Wyoming

Date: Dec 10, 2025
Hunter v. Universal Precast: Limiting Dismissal as a Sanction After Mistrial and Reaffirming Gatekeeping in Wyoming Introduction In Scott Hunter and Heather Hunter, as Next Friends and Parents of LH,...
No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause

Date: Dec 9, 2025
No Statewide Electorate Required: Knight v. Fontes and the Scope of Arizona’s “Free and Equal” Elections Clause I. Introduction In Knight v. Fontes, CV-24-0220-T/AP (Ariz. Dec. 4, 2025), the Arizona...
Substantial Compliance with Public-Works Bid Advertising under Alabama Title 39: Commentary on Pinpoint Locating, Inc. v. Water Works & Gas Board of Red Bay

Substantial Compliance with Public-Works Bid Advertising under Alabama Title 39: Commentary on Pinpoint Locating, Inc. v. Water Works & Gas Board of Red Bay

Date: Dec 9, 2025
Substantial Compliance with Public-Works Bid Advertising under Alabama Title 39 Commentary on Pinpoint Locating, Inc. v. The Water Works and Gas Board of the City of Red Bay, Supreme Court of Alabama...
Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.

Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.

Date: Dec 9, 2025
Exclusive Chancery Jurisdiction over Adoptions and Appellate Limits on Remand: Commentary on In the Matter of L.L.T., K.D.T., E.V.T., and S.C.T.: Lesley Prince v. Mississippi Department of Child...
Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements: Commentary on Wiggins v. Southern Securities Group

Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements: Commentary on Wiggins v. Southern Securities Group

Date: Dec 9, 2025
Noncompete Enforcement After Membership Buyout and Limits on Ambiguous Arbitration Clauses in LLC Operating Agreements Commentary on Robert C. Wiggins v. Southern Securities Group, LLC and Brandi...
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards

Date: Dec 8, 2025
Owens v. New Empire Corp.: Pleading Derivative, Veil‑Piercing, and Turnover Claims Against Sponsor‑Controlled Condominium Boards Commentary on Owens v New Empire Corp., 2025 NY Slip Op 06788 (1st...

    Confidentiality of Professional “Moral Character” Licensing Files Under FOIL:
    Commentary on Matter of Newsday LLC v. New York State Education Department

Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department

Date: Dec 8, 2025
Confidentiality of Professional “Moral Character” Licensing Files Under FOIL: Commentary on Matter of Newsday LLC v. New York State Education Department I. Introduction This commentary analyzes the...
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation

Date: Dec 8, 2025
From Local to National: Kosinski v. Wladis and the Modern Standard for Medical Expert Testimony in New York Malpractice Litigation I. Introduction The Appellate Division, Third Department’s decision...
Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady

Date: Dec 8, 2025
Resolutions Cannot Curtail Codified Municipal Sick Leave Benefits: Legislative Equivalency in Matter of Koldin v. City of Schenectady I. Introduction In Matter of Koldin v. City of Schenectady, 2025...
Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald

Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald

Date: Dec 8, 2025
Legislative Presumption of Exam Validity Limits Administrative Licensing‑Fraud Charges: Commentary on Matter of Moran v. McDonald I. Introduction The Appellate Division, Third Department’s decision...
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