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  • Commentaries
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state Case Commentaries

DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State

Date: May 7, 2025
DNA and Circumstantial Evidence Establishing Constructive Possession in Watson v. State Introduction Watson v. State, decided by the Supreme Court of Delaware on May 6, 2025, arises from the...
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

Date: May 7, 2025
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes Introduction This case arises from the Court of Appeals of Georgia’s review of a juvenile...
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Date: May 7, 2025
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act Introduction In Wallace v. State, 345 Ga. ___ (2025), the Supreme Court of Georgia addressed whether autopsy...
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Date: May 7, 2025
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony Introduction Routh v. State, decided by the Supreme Court of Georgia on May 6, 2025, clarifies the scope...
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Date: May 7, 2025
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions Introduction This case arises from the Supreme Court of Georgia’s decision on the petition of Stephen...
Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Reaffirming the Mandatory Nature of Abatement Ab Initio in New York: People v. Cruciani & People v. Nowell (2025)

Date: May 7, 2025
Reaffirming the Mandatory Nature of the Abatement Ab Initio Doctrine in New York: Appellate Division Maintains that Only the Court of Appeals or the Legislature May Alter the Rule 1. Introduction The...
Robinson v. State: Geolocation Evidence and Gang Conspiracy Liability

Robinson v. State: Geolocation Evidence and Gang Conspiracy Liability

Date: May 7, 2025
Robinson v. State: Geolocation Evidence and Gang Conspiracy Liability Introduction Robinson v. State is a 2025 decision of the Supreme Court of Delaware affirming convictions for illegal gang...
Daniels v. State: Reinforcement of Procedural Bars and Actual-Innocence Threshold in Postconviction Relief

Daniels v. State: Reinforcement of Procedural Bars and Actual-Innocence Threshold in Postconviction Relief

Date: May 7, 2025
Daniels v. State: Reinforcement of Procedural Bars and Actual-Innocence Threshold in Postconviction Relief Introduction In Daniels v. State, No. 532, 2024 (Del. May 6, 2025), the Supreme Court of...
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA

Date: May 7, 2025
Sequential Sentencing Requirement for Enhanced Fifth DUI Sentences Under § 61-8-1008(2), MCA Introduction State v. Bloomer, 2025 MT 93 (Mont. 2025), considers whether a district court may impose the...
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct

Date: May 7, 2025
Broad Application of Montana Stalking Statute: Protecting Attorney‐Victims from Harassing Conduct Introduction The Supreme Court of Montana’s decision in Groenke v. Gabriel, 2025 MT 91, extends the...
Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements

Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements

Date: May 7, 2025
Procedural Diligence in Appellate Practice: Dismissal for Failure to Comply with NRAP Requirements Introduction This commentary examines the Supreme Court of Nevada’s Order in Nicherie v. Sharda (No....
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Date: May 7, 2025
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia Introduction Nelson v. State, decided May 6, 2025 by the Supreme Court of Georgia, concerns appellant...
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Date: May 7, 2025
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions Introduction In Johnson v. State, 307 Ga. 109 (2025), the Supreme Court of Georgia confronted...
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Date: May 7, 2025
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions Introduction Johnson v. State is a 2025 decision of the Supreme Court of...
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings

Date: May 7, 2025
Strict Compliance with Procedural Requirements and Specific Findings in Child Abuse and Neglect Proceedings Introduction In In re E.W., N.W., and R.W., the Supreme Court of Appeals of West Virginia...
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination

Date: May 7, 2025
Affirming the Substantial Compliance Standard for Post-Adjudicatory Improvement Periods in Parental Rights Termination Introduction This memorandum decision arises from the appeal of Father A.W....
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Date: May 7, 2025
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State Introduction Patterson v. State, decided by the Supreme Court of Georgia on May 6,...
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Date: May 7, 2025
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State Introduction This commentary examines the Supreme Court of Georgia’s...
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

Date: May 7, 2025
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions Introduction In Jones v. State, Supreme Court of Georgia, decided May 6, 2025, the Court clarified that a...
Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State

Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State

Date: May 7, 2025
Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State Introduction Fox v. State, decided May 6, 2025 by the Supreme Court of...
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