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  • Commentaries
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state Case Commentaries

Discretionary Acceptance of Uncontested Facts and the Clear-and-Convincing Burden in Public-Records Mandamus: State ex rel. Ware v. Sheldon

Discretionary Acceptance of Uncontested Facts and the Clear-and-Convincing Burden in Public-Records Mandamus: State ex rel. Ware v. Sheldon

Date: May 21, 2025
Discretionary Acceptance of Uncontested Facts and the Clear-and-Convincing Burden in Public-Records Mandamus: State ex rel. Ware v. Sheldon Introduction In State ex rel. Ware v. Sheldon, Slip Opinion...
Affirming Conviction Despite Isolated, Unobjected Prosecutorial Improprieties: Establishing the Harmless-Error Standard in Closing Arguments

Affirming Conviction Despite Isolated, Unobjected Prosecutorial Improprieties: Establishing the Harmless-Error Standard in Closing Arguments

Date: May 21, 2025
Affirming Conviction Despite Isolated, Unobjected Prosecutorial Improprieties: Establishing the Harmless-Error Standard in Closing Arguments Introduction State v. Sullivan arose from an allegation...
Defining the Limitation Period for Legal Malpractice: Court Rejects Continuous Representation Rule in Groff v. Scoggin

Defining the Limitation Period for Legal Malpractice: Court Rejects Continuous Representation Rule in Groff v. Scoggin

Date: May 21, 2025
Defining the Limitation Period for Legal Malpractice: Court Rejects Continuous Representation Rule in Groff v. Scoggin Introduction Nichole M. Groff v. McKellar Tiedeken & Scoggin, LLC and Sean W....
The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars

The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars

Date: May 21, 2025
The “Holmes-Austin Rule”: Temporal Defects in an Indictment May Be Cured by Related Counts and Bills of Particulars Introduction People v. Holmes-Austin (2025 NY Slip Op 03021) was decided by the...
No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.)

No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.)

Date: May 21, 2025
No Blanket Mootness Exception for Permanency Hearing Appeals – A Commentary on Matter of Joshua J. (Tameka J.), 2025 NY Slip Op 03010 1. Introduction The New York Court of Appeals, in Matter of...
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences

Date: May 21, 2025
Limits on Prosecutorial Advocacy and Waivable Restrictions on Early Termination of Deferred Sentences Introduction In State v. Robert Ronald Brady, 2025 MT 105, the Supreme Court of Montana...
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases

Date: May 21, 2025
Balancing Speedy Trial Rights and Competency Evaluations: Jury Instruction Standards in Assault on Peace Officer Cases Introduction The Supreme Court of Montana in State v. Paul Kermit Gysler (2025...
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths

Date: May 21, 2025
Mandatory CCYA Compliance and Rehabilitation Priority for Criminally Convicted Youths 1. Introduction The Supreme Court of Montana’s decision in State of Montana v. Joseph Edward Knowles, 2025 MT...
Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing: Roten v. State

Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing: Roten v. State

Date: May 21, 2025
Clarifying Successive Predicate Offenses and Rehabilitation in Habitual-Offender Sentencing Introduction Roten v. State (Supreme Court of Delaware, May 20, 2025) addresses the scope and meaning of...
Affirming Res Gestae Evidence Principles and Harmless‐Error Analysis in Child Abuse Causing Substantial Bodily Harm

Affirming Res Gestae Evidence Principles and Harmless‐Error Analysis in Child Abuse Causing Substantial Bodily Harm

Date: May 20, 2025
Affirming Res Gestae Evidence Principles and Harmless-Error Analysis in Child Abuse Causing Substantial Bodily Harm Introduction This commentary examines the Supreme Court of Nevada’s decision in...
State v. Browning: Malnutrition and Dehydration as Intrinsic Evidence in Child Neglect Prosecutions

State v. Browning: Malnutrition and Dehydration as Intrinsic Evidence in Child Neglect Prosecutions

Date: May 20, 2025
State v. Browning: Malnutrition and Dehydration as Intrinsic Evidence in Child Neglect Prosecutions Introduction The Supreme Court of Appeals of West Virginia issued its decision in State of West...
Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson

Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson

Date: May 20, 2025
Reaffirming Specific Intent and Mitigation Standards in Capital Cases: Commonwealth v. Johnson Introduction Commonwealth v. Johnson is a post-conviction relief appeal decided by the Supreme Court of...
Establishing Sufficiency and Standards in Child Abuse and Medical Neglect: DIXON v. STATE Precedent

Establishing Sufficiency and Standards in Child Abuse and Medical Neglect: DIXON v. STATE Precedent

Date: May 20, 2025
Establishing Sufficiency and Standards in Child Abuse and Medical Neglect: DIXON v. STATE Precedent Introduction The Supreme Court of Nevada’s decision in DIXON (Terrence) v. STATE, 2025-May-19,...
Clarification of “Unprovoked Physical Aggression” Exception to Idaho’s Workers’ Compensation Exclusive Remedy Rule

Clarification of “Unprovoked Physical Aggression” Exception to Idaho’s Workers’ Compensation Exclusive Remedy Rule

Date: May 20, 2025
Clarification of “Unprovoked Physical Aggression” Exception to Idaho’s Workers’ Compensation Exclusive Remedy Rule Introduction Arellano v. Sunrise Homes, Inc. (Idaho Supreme Court, May 19, 2025)...
Enforcement of Condominium Owners’ Statutory Right to Special‐Meeting Notices and Judicial Limits on Agenda Content Oversight

Enforcement of Condominium Owners’ Statutory Right to Special‐Meeting Notices and Judicial Limits on Agenda Content Oversight

Date: May 20, 2025
Enforcement of Condominium Owners’ Statutory Right to Special‐Meeting Notices and Judicial Limits on Agenda Content Oversight Introduction Boyang Song and Travis McCune (“Plaintiffs”), unit owners at...
Establishing Non-Testimonial Status of Child and Family Hearsay in West Virginia Criminal Trials

Establishing Non-Testimonial Status of Child and Family Hearsay in West Virginia Criminal Trials

Date: May 20, 2025
Establishing Non-Testimonial Status of Child and Family Hearsay in West Virginia Criminal Trials Introduction This memorandum decision in State of West Virginia v. Sherie Titchenell (May 19, 2025)...
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice

Date: May 20, 2025
Arizona Supreme Court Holds No Statute-Imposed Duty for Liquor Regulator to Prevent Overservice Introduction In Sanchez-Ravuelta v. Yavapai, decided May 19, 2025, the Arizona Supreme Court addressed...
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder

Date: May 20, 2025
Preservation and Review of Hearsay and Other-Acts Evidence in Proving Specific Intent for First-Degree Murder Introduction State v. Byram is a direct appeal from a 2021 first-degree murder conviction...
Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death

Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death

Date: May 20, 2025
Intrinsic Evidence Doctrine under WV Rule 404(b) in Child Neglect Causing Death Introduction In State of West Virginia v. Julie Browning, decided May 19, 2025, the Supreme Court of Appeals of West...
The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights

The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights

Date: May 20, 2025
The Counsil Standard: Interpreting Pretrial Scheduling Orders and Reconsideration Rights Introduction This commentary examines the Supreme Court of Nevada’s decision in Counsil (Joshua) v. State,...
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