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  • Commentaries
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state Case Commentaries

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Gonzalez v. State — Clarifying Mootness in Post-Conviction Sentence Challenges

Date: Jun 11, 2025
Gonzalez v. State (2025 ND 109): The North Dakota Supreme Court Defines the Limits of Post-Conviction Review When the Defendant Has Fully Served the Sentence Introduction Garron William Gonzalez...
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington

Date: Jun 11, 2025
Reaffirming the High Bar for Custody Modification in North Dakota: The “Adverse-Effect” Test after Weber v. Pennington (2025 ND 105) 1. Introduction In Weber v. Pennington, 2025 ND 105, the North...
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty

Date: Jun 11, 2025
Matter of Park: Disbarment for the Mere Attempt to Suborn False Testimony and Related Acts of Dishonesty 1. Introduction In Matter of Park (2025 NY Slip Op 03531), the Appellate Division, First...
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings

Date: Jun 11, 2025
Ambiguity Trumps Advocacy: The Connecticut Supreme Court’s Remand Mandate When Separation Agreements Admit of Two Reasonable Meanings 1. Introduction On 10 June 2025 the Connecticut Supreme Court...
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments

Date: Jun 11, 2025
“When the Debt is Gone, So Is the Coverage” – Arizona Supreme Court Narrows Lender Title Insurance Liability and Bars Collateral-Source Shielding of Loan Repayments I. Introduction In Centerpoint...
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander

Date: Jun 11, 2025
State v. Williams: Extending the Statutory Justification of Self-Defense to Reckless Manslaughter Involving an Innocent Bystander Introduction Court: Supreme Court of Connecticut  |  Date: 10 June...
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession

Date: Jun 11, 2025
State v. Williams: Extending Self-Defense to Reckless Manslaughter Involving Bystanders & Adopting a “One-Unit” Rule for Simultaneous Firearm and Ammunition Possession Introduction In State v....
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters

Date: Jun 10, 2025
Beckwith v. ENI: Establishing Maritime Nexus for Cargo Handling Vehicle Accidents on Frozen Navigable Waters Introduction In the landmark decision Beckwith v. ENI Petroleum U.S., LLC, 2025 AKSC 72,...
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims

Date: Jun 10, 2025
Proper Weighing of Medical Evidence and Presumption of Causation in Workers’ Compensation Claims Introduction This commentary examines the West Virginia Supreme Court decision in Caitlin R. Workman...
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases

Date: Jun 10, 2025
Implied Duty to Market and Free-of-Cost Royalties: Extending Wellman & Tawney to In-Kind Oil & Gas Leases Introduction In Francis Kaess v. BB Land, LLC, the Supreme Court of Appeals of West Virginia...
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Date: Jun 10, 2025
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases Introduction In Francis Kaess v. BB Land, LLC (No. 23-522), the Supreme Court of West...
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Date: Jun 10, 2025
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases Introduction Francis Kaess v. BB Land, LLC, decided by the Supreme Court of Appeals of West Virginia...
Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Date: Jun 10, 2025
Reinforcing Grandparent Placement Statutory Findings: In re A.F. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Date: Jun 10, 2025
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
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