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  • Commentaries
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state Case Commentaries

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Date: May 29, 2025
Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence Introduction In Pollard v. State, 310 Ga. ___ (2025), the Supreme Court of...
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Date: May 29, 2025
Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard Introduction This commentary examines the Supreme Court of Georgia’s decision in Docs of CT, LLC v. Biotek Services, LLC,...
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer

Date: May 29, 2025
Waiver of Restitution Challenges and Ex Post Facto Constraints on Inmate Garnishment: State v. Widmyer Introduction State of West Virginia v. William Trampus Widmyer is a 2025 decision of the West...
Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Plain‐Language Recidivist Enhancement and Harmless‐Error Limits on Post-Arrest Silence Cross-Examination

Date: May 29, 2025
Plain-Language Recidivist Enhancement and Harmless-Error Limits on Post-Arrest Silence Cross-Examination Introduction State of West Virginia v. Andrew Miller is a criminal appeal decided by the...
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller

Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller

Date: May 29, 2025
Prohibition on Prosecutorial Impeachment by Post-Arrest Silence: State of West Virginia v. Miller Introduction In State of West Virginia v. Andrew Miller, the Supreme Court of Appeals of West...
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law

Date: May 29, 2025
Accomplice Accountability for Firearm-Enhanced Robbery: Shared Intent as a Basis for Liability Under Delaware Law Introduction Delgado v. State (Del. S. Ct., May 28, 2025) addresses the scope of...
Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Date: May 29, 2025
Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State Introduction State v. Wierson, decided May 28, 2025 by the Supreme Court of Georgia, clarifies the scope of Georgia’s two...
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims

Date: May 29, 2025
Clarifying Remedies under the Child Victims Act: Redd v. Brooklyn Friends School Defines the Limits of Emotional-Distress and Punitive-Damage Claims Introduction Redd v. Brooklyn Friends School, 238...
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Date: May 29, 2025
Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions Introduction Porter v. State, decided by the Supreme Court of Georgia on May 28, 2025, considered...
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Date: May 29, 2025
Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions Introduction This commentary examines the Supreme Court of Georgia’s...
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Date: May 29, 2025
Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20 Introduction In Glover v. State, decided May 28, 2025, the Supreme Court of Georgia...
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Date: May 29, 2025
Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests Introduction This commentary examines the Supreme Court of Georgia’s decision in Dean v. State...
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Date: May 29, 2025
Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions Introduction Craft v. State, decided May 28, 2025, by the Supreme Court of Georgia, addresses the scope of plain error...
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d)

Date: May 29, 2025
Proportionality Standards for Life Recidivist Sentences under WV Code § 61-11-18(d) Introduction In State of West Virginia v. Shawn Douglas Newman, the Supreme Court of Appeals of West Virginia...
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher

Date: May 29, 2025
Permissible Scope of Uncharged Conduct and Sentencing Discretion in West Virginia: State v. Peacher Introduction In State of West Virginia v. Robert Peacher, the Supreme Court of Appeals of West...
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10

Date: May 29, 2025
Clarifying “Absconding” as Justification for Full Probation Revocation Under W. Va. Code § 62-12-10 Introduction In State of West Virginia v. Cornell Lee Smith, Supreme Court of Appeals of West...
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State

Date: May 29, 2025
Reciprocal Admissibility and the Limits of Prejudicial Joinder: Gibson v. State Introduction The Delaware Supreme Court’s decision in Gibson v. State (No. 111, 2024, decided May 28, 2025) reaffirms...
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209

Date: May 29, 2025
Affirmation of Family Court’s Discretion to Restrict Visitation Under W. Va. Code §48-9-209 Introduction This case arises from a domestic-relations dispute between James M. (the father and...
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43

Date: May 29, 2025
Discretion over Mandamus: Support Magistrates’ Adjournment Authority under 22 NYCRR 205.43 Introduction Matter of Santman v. Satterthwaite (2025 NY Slip Op 03196, 238 AD3d 1156) required the...
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability

Date: May 29, 2025
Hervey v. Northern Westchester Hospital: Clarifying the Limits of the “Continuous Course of Treatment” Doctrine and Psychiatric Malpractice Liability Introduction In Hervey v. Northern Westchester...
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