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  • Commentaries
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state Case Commentaries

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram

Date: May 20, 2025
Establishing the Framework for Intent Evidence in First-Degree Murder: State v. Byram Introduction The Supreme Court of New Mexico’s decision in State v. Byram, filed May 19, 2025 (No. S-1-SC-40149),...
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a

Date: May 17, 2025
Criminal Negligence as Mens Rea for Unlawful Operation under RSA 263:64, V-a Introduction This commentary examines the Supreme Court of New Hampshire’s decision in State v. Warren, 2025 N.H. 21,...
Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson

Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson

Date: May 17, 2025
Greater Right to Possession of Seized Funds under Iowa Code §809.5: Bitcoin Depot v. Carlson Introduction In In the Matter of Property Seized for Forfeiture from Bitcoin Depot Operating, LLC v....
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals

Date: May 17, 2025
Clarifying the Scope of the Manifest Injustice Exception in Vermont Zoning Appeals Introduction In In re Guillemette ZA Determination Appeal (2025 VT 25), Anne and Mark Guillemette (landowners)...
Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale

Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale

Date: May 17, 2025
Judicial Notice of Prior Convictions and Illegal Sentence Remand in State v. Gale Introduction The Supreme Court of Iowa’s decision in State of Iowa v. Vanessa Renae Gale (No. 23-1786, filed May 16,...
Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements

Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements

Date: May 17, 2025
Statutory Definition of LLC Distributions Cannot Be Contracted Away by Operating Agreements Introduction Lee E. Baker, Jr. v. Kenneth M. Duffus is a decision from the Supreme Court of the State of...
Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey

Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey

Date: May 17, 2025
Recission of Inter Vivos Transfers Due to Undue Influence in Confidential Relationships: Estate of Erna Rousey 1. Introduction In In the Matter of the Estate of Erna Rousey, the Alaska Supreme Court...
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services

Date: May 17, 2025
Clarifying “Failure to Plan” as a Ground for Termination of Parental Rights: Banks v. Division of Family Services 1. Introduction In Banks v. Department of Services for Children, Youth and Their...
Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines

Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines

Date: May 17, 2025
Reaffirmation of Attorney Diligence Obligations: Public Reprimand for Repeated Missed Appellate Deadlines Introduction In Iowa Supreme Court Attorney Disciplinary Board v. Karmen R. Anderson, No....
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims

Date: May 17, 2025
Sherrill: Proper Burden Allocation in Plain-Error Review of Unpreserved Public-Trial Right Claims Introduction In People of the State of Michigan v. Allen Michael Sherrill (SC: 167769; May 16, 2025),...
Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral

Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral

Date: May 17, 2025
Framework for Evaluating Ineffective Assistance of Counsel and Joinder Prejudice: State v. Corral Introduction State v. Corral, 318 Neb. 940 (2025), is a landmark Nebraska Supreme Court decision...
Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518

Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518

Date: May 17, 2025
Mandatory Pre-Sentencing Enhancement Hearing and Proof of Prior Convictions under Neb. Rev. Stat. § 28-518 Introduction In State v. Bret, 318 Neb. 995 (2025), the Nebraska Supreme Court clarified the...
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities

Date: May 17, 2025
Clarifying Vermont Custody Standards: Primary-Care Provider, Relocation Analysis, and Explicit Allocation of Parental Rights and Responsibilities Introduction In Sean Gordon v. Katy Fogell, 2025 VT...
In-Person Notification Requirement as an Essential Element of Sex Offender Registration Violations

In-Person Notification Requirement as an Essential Element of Sex Offender Registration Violations

Date: May 17, 2025
In-Person Notification Requirement as an Essential Element of Sex Offender Registration Violations Introduction State of Iowa v. Ronald Eugene Cooley (No. 23-1375, Iowa Supreme Court, May 16, 2025)...
Extension of the Fair-Report Privilege to Government Bodies for Publishing Public Meeting Records

Extension of the Fair-Report Privilege to Government Bodies for Publishing Public Meeting Records

Date: May 17, 2025
Extension of the Fair-Report Privilege to Government Bodies for Publishing Public Meeting Records 1. Introduction This commentary examines the Iowa Supreme Court’s decision in Amie Villarini v. Iowa...
Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation

Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation

Date: May 17, 2025
Synonymy of “Hold Harmless” and “Indemnify” in Contractual Interpretation Introduction In Adams v. Atkinson, 381 So. 3d 1133 (Ala. 2025), the Supreme Court of Alabama addressed whether the terms...
Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Date: May 16, 2025
Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement Introduction KKMH Properties, LLC v. Shire, 373 Or 676 (2025), is a residential eviction case decided by the...
Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules

Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules

Date: May 16, 2025
Procedural Safeguards for Original Actions under Wisconsin Supreme Court Rules Introduction In Kate Felton v. Wisconsin Elections Commission (No. 2025AP999-OA), the Wisconsin Supreme Court considered...
Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice

Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice

Date: May 16, 2025
Reinforcement of Procedural Rigors for Original Actions and Non-Party Amicus Briefs under Wisconsin Supreme Court Practice Introduction In Elizabeth Bothfeld et al. v. Wisconsin Elections Commission...
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13)

Date: May 16, 2025
Prosecutorial Disclosure and Witness Coaching Under Brady & Napue: Carter v. State (2025 UT 13) Introduction In Carter v. State (2025 UT 13), the Utah Supreme Court confronted decades-old allegations...
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