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  • Commentaries
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state Case Commentaries

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia

Date: Jun 11, 2025
“Clear and Convincing”: The New Evidentiary Standard for Reinstatement of Disbarred Attorneys in West Virginia Introduction In In re Petition for Reinstatement of Edward Raymond Kohout, the Supreme...
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA

Date: Jun 11, 2025
The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA 1. Introduction Christopher Cole, a brakeman for The Kansas City...
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – An Analysis of R.M.A. v. Blue Springs R-IV School District (Mo. banc 2025)

Date: Jun 11, 2025
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – A Commentary on R.M.A. v. Blue Springs R-IV School District, Supreme Court of Missouri, en banc (10 June...
Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Ga. 2025)

Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Ga. 2025)

Date: Jun 11, 2025
Reaffirming the “Any-Particular” Corroboration Standard & Harmless-Error Review of Rule 404(b) Evidence: Commentary on Boone v. State (Supreme Court of Georgia, 2025) 1. Introduction On 10 June 2025...
Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains

Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains

Date: Jun 11, 2025
Clark v. State: Judicial Discretion to Validate Timely Pro Se Notices of Appeal Filed While Counsel of Record Remains Introduction Clark v. State, decided by the Supreme Court of Georgia on 10 June...
Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule

Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule

Date: Jun 11, 2025
Coston v. State: Surveillance Video as Direct Evidence and the Limited Reach of Georgia’s Circumstantial-Evidence Rule Introduction On 10 June 2025 the Supreme Court of Georgia decided Coston v....
“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta

“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta

Date: Jun 11, 2025
“No Toll for Minors”: The Supreme Court of Georgia Declares OCGA § 9-3-90(b) Inapplicable to Municipal Ante Litem Notices in Dates v. City of Atlanta 1. Introduction In Dates v. City of Atlanta,...
“Direct Evidence Prevails & Assault-Merger Mandate” — Comment on Douglas v. State (Supreme Court of Georgia, 2025)

“Direct Evidence Prevails & Assault-Merger Mandate” — Comment on Douglas v. State (Supreme Court of Georgia, 2025)

Date: Jun 11, 2025
“Direct Evidence Prevails & Assault-Merger Mandate” A Comprehensive Commentary on Douglas v. State, 315 Ga. ___ (2025) 1. Introduction On 10 June 2025 the Supreme Court of Georgia decided Douglas v....
Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify

Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify

Date: Jun 11, 2025
Floyd v. State: Reinforcing Circumstantial-Evidence Sufficiency for Predicate Armed Robbery and Delineating Confrontation Clause Limits when a Co-Indictee Refuses to Testify Introduction Floyd v....
James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment

James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment

Date: Jun 11, 2025
James v. State: Confrontation Clause Does Not Extend to a Defendant’s Own Witness Invoking the Fifth Amendment Introduction In James v. State, the Supreme Court of Georgia confronted two familiar...
Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims

Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims

Date: Jun 11, 2025
Lewis v. State: The Supreme Court of Georgia Re-Affirms Jury Primacy in Self-Defense Determinations and Clarifies Abandonment of Unbriefed Ineffective-Assistance Claims Introduction In Lewis v. State...
“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing

“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing

Date: Jun 11, 2025
“Back to First Principles” – The Georgia Supreme Court Re-Inscribes a Strict Non-Delegation Rule and Rejects Federal-Style Third-Party Standing 1. Introduction The consolidated appeals Republican...
Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code

Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code

Date: Jun 11, 2025
Scott v. State: Clarifying the Admissibility of Unredacted Death Certificates under Georgia’s Post-2013 Evidence Code 1. Introduction Scott v. State, __ Ga. __ (June 10, 2025), is a Supreme Court of...
From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025)

From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025)

Date: Jun 11, 2025
From “Void” to “Voidable”: The Georgia Supreme Court Re-defines the Effect of an Ineligible Juror on Speedy-Trial Calculations — Commentary on State v. Embert (2025) 1. Introduction State v. Embert...
State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter
Comprehensive Findings of Fact in Probable-Cause Suppression Rulings

State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter Comprehensive Findings of Fact in Probable-Cause Suppression Rulings

Date: Jun 11, 2025
State v. Mickel: The Georgia Supreme Court Reinforces the Duty of Trial Courts to Enter Comprehensive Findings of Fact in Probable-Cause Suppression Rulings 1. Introduction State v. Mickel, S25A0255,...
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony

Date: Jun 11, 2025
State v. Wood: Validity of Felony-Murder Convictions Despite Jury Deadlock on the Predicate Felony Introduction State v. Wood, No. S-1-SC-40305 (N.M. June 9, 2025), is a non-precedential opinion of...
The Expanded Reach of Rule 60(b)(3) in Delaware:  “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation

Date: Jun 11, 2025
The Expanded Reach of Rule 60(b)(3) in Delaware: “Erste Asset Management v. Hees” and the Rejection of a Fraud-on-the-Court Limitation 1. Introduction In Erste Asset Management GMBH v. Hees, the...
The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63)

The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63)

Date: Jun 11, 2025
The “Mistake Exception” to Judicial Estoppel and the Elevated Hostility Test for Cotenants: A Commentary on Leeks Canyon Ranch, LLC v. Jackson Hole Hereford Ranch, LLC (2025 WY 63) 1. Introduction In...
“Reaffirming Armstrong”: Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause

“Reaffirming Armstrong”: Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause

Date: Jun 11, 2025
“Reaffirming Armstrong” Montana’s Supreme Court Confirms Viability-Based Abortion Protection and Strict-Scrutiny Review Under the State Privacy Clause 1. Introduction On 9 June 2025 the Supreme Court...
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy

Date: Jun 11, 2025
State v. Smith (2025): Re-Drawing the Line – No Jury Instructions on Parole Eligibility When Juvenile Defendants Automatically Receive Mercy 1. Introduction Court: Supreme Court of Appeals of West...
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