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state Case Commentaries

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement

Date: Jun 18, 2025
“Sua Sponte” Assessment of Mandatory State-Attorney Costs: Parks v. State of Florida and the End of the “Request” Requirement 1. Introduction Jourdan Daniel Parks v. State of Florida, decided by the...
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments

Date: Jun 18, 2025
Runey v. Faring: Reaffirming Certiorari-Only Review for Denials of Preliminary Injunctions and the Binding Force of Unappealed Judgments Introduction The Rhode Island Supreme Court’s decision in...
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences

Date: Jun 18, 2025
State v. Raso: Clarifying § 12-19-18(b)(5) — Rule 48(a) Dismissals that Preserve Probable Cause Do Not Compel Termination of Probation-Violation Sentences Introduction The Supreme Court of Rhode...
State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest

State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest

Date: Jun 18, 2025
State v. Armendariz: New Mexico Re-Affirms Broad Admissibility of Lay Video-Identification and Contextual Statements Against Penal Interest 1. Introduction On 12 June 2025 the Supreme Court of New...
Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts

Date: Jun 18, 2025
Harris v. Joplin: Re-affirming the Preponderance Standard and Abuse-of-Discretion Review for Extrinsic Proof of Illegible Contracts 1. Introduction In Harris v. Joplin, Supreme Court of Virginia,...
“Lawfully Entitled to Have Applied” – Ohio Supreme Court Bars Dependents from Reviving a Denied Scheduled-Loss Claim (Commentary on State ex rel. Byk v. Industrial Commission, 2025-Ohio-2044)

“Lawfully Entitled to Have Applied” – Ohio Supreme Court Bars Dependents from Reviving a Denied Scheduled-Loss Claim (Commentary on State ex rel. Byk v. Industrial Commission, 2025-Ohio-2044)

Date: Jun 18, 2025
“Lawfully Entitled to Have Applied” – Ohio Supreme Court Bars Dependents from Reviving a Denied Scheduled-Loss Claim Commentary on State ex rel. Byk v. Industrial Commission (2025-Ohio-2044) 1....
“Five-Years-Means-Five-Years”:  Supreme Court of Ohio Clarifies that Jail-Time Credit Cannot Shorten the Post-Mandatory Waiting Period for Judicial Release

“Five-Years-Means-Five-Years”: Supreme Court of Ohio Clarifies that Jail-Time Credit Cannot Shorten the Post-Mandatory Waiting Period for Judicial Release

Date: Jun 18, 2025
“Five-Years-Means-Five-Years”: Supreme Court of Ohio Clarifies that Jail-Time Credit Cannot Shorten the Post-Mandatory Waiting Period for Judicial Release Introduction State v. Clinkscale, Slip...
Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts

Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts

Date: Jun 18, 2025
Beyond Ordinary Negligence: West Virginia Formally Adopts Negligent Supervision and Extends Employer Liability to Intentional & Reckless Employee Torts 1. Introduction The Supreme Court of Appeals of...
From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids

From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids

Date: Jun 18, 2025
From Wellhead to Final Buyer: West Virginia Affirms “Point-of-Sale” Standard and Extends Royalty Protection to Natural Gas Liquids 1. Introduction In Jacklin Romeo, Susan S. Rine, and Debra Snyder...
The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations

The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations

Date: Jun 18, 2025
The Expanded “Point-of-Sale” Doctrine: Downstream Markets and Enhanced Hydrocarbons in West Virginia Royalty Calculations 1. Introduction Jacklin Romeo, Susan S. Rine and Debra Snyder Miller...
State v. Roman: Rhode Island Supreme Court Casts Doubt on Automatic Waiver of Rule 35 Sentence-Reduction Motions in Plea Agreements

State v. Roman: Rhode Island Supreme Court Casts Doubt on Automatic Waiver of Rule 35 Sentence-Reduction Motions in Plea Agreements

Date: Jun 18, 2025
State v. Roman: Rhode Island Supreme Court Casts Doubt on Automatic Waiver of Rule 35 Sentence-Reduction Motions in Plea Agreements Introduction State v. Luis Roman, No. 2024-78-C.A. (R.I. June 11,...
McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

Date: Jun 18, 2025
McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation 1. Introduction In Estate of William Howard...
Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Date: Jun 18, 2025
Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit (Mich. 2025) Introduction In Kenneth Mann v. City of Detroit, the Michigan Supreme Court addressed whether a metal sign-post stub...
People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

Date: Jun 18, 2025
People v. T.P. (2025): Elevating the Standard for Effective Assistance—Defense Counsel Must Object to Prosecutorial Summation Misstatements that Undermine a Justification Defense 1. Introduction...
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

Date: Jun 18, 2025
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the Domestic Violence Survivors Justice Act 1. Introduction In People v. Brenda WW. (2025 NY Slip Op...
Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Date: Jun 18, 2025
Bail as a “Condition of Release” under CPL 510.10 (4)(t) Comprehensive Commentary on People ex rel. Welch v. Maginley-Liddie (2025) 1. Introduction On 17 June 2025 the New York Court of Appeals...
Disjunctive Drafting and Bail Eligibility:  People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Date: Jun 18, 2025
Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a) 1. Introduction People ex...
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Date: Jun 18, 2025
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025) Introduction On 17 June 2025 the Appellate Division, First Department, issued a per-curiam opinion in...
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

Date: Jun 17, 2025
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners Introduction In Mark A. Hackel v. Macomb...
County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

Date: Jun 17, 2025
County Charter Ordinances as “Law” Authorizing Independent Counsel & the Trigger of the 60-Day UBAA Suit Period: An In-Depth Commentary on Macomb County Prosecutor v. Macomb County Executive (Mich....
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