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Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...
Revocable Water Permit Renewals Are Reviewable Under HRS § 91-14 When a Contested Case Hearing Is Wrongfully Denied 1. Introduction Kia'i Wai o Wai'ale'ale and Friends of Māhā'ulepū (collectively,...
Public-Access Rule for Deceased/Missing Foster-Child CPA and Adoption Records; Kema Narrowing of “Legitimate Purpose” Overruled Case: Public First Law Center v. Viola Court: Supreme Court of Hawaiʻi...
State v. Brown: No Suppression of ISP Subscriber Name Absent Proof of a Subjective Privacy Expectation; No Arceo Unanimity Instruction Without Evidence of Multiple Culpable Acts Court: Supreme Court...
Barfell v. Freeman Health System: Oklahoma Courts Must Apply Ford’s “Relate To” Prong When Assessing Specific Personal Jurisdiction Court: Supreme Court of Oklahoma | Citation: 2025 OK 61 | Date:...
Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud Introduction This commentary...
No Intensive-Services Duty Absent Intellectual Incapacity: Failure to Comply with Improvement Period and Continued Exposure to Known Sex Offenders Justifies Termination Without Lesser Alternatives...
Past Services Count: West Virginia High Court Clarifies “Reasonable Efforts” and Upholds Trial Court Discretion on Post‑Termination Visitation in In re D.G. and L.G. Introduction In a memorandum...
No Maranda T. Enhanced-Efforts Duty Where Parent Is Cognitively Competent; Noncompliance with an Improvement Period and Exposure to Sex Offenders Support Termination Without Less Restrictive...
Street-Time Credit Cannot Be Denied for Restitution Nonpayment Without a DOC-Set Payment Schedule and Specific, Recorded Violations Commentary on State v. Powell, 2025 MT 218 (Mont. Sept. 30, 2025)...
Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC Introduction In State of Georgia...
Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants...
Including “Age” in No‑Sympathy Jury Instructions Is Not Plain Error; Juvenile Miranda Waiver Upheld Under Totality Despite Reid‑Style Interviewing; Post‑Incision Autopsy Photo Admissible Case: Hill...
Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: In re T.F., F.F., and C.F. Introduction In a memorandum decision, the Supreme Court of Appeals of West Virginia affirmed the...
Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination Case: In re R.D., P.D., and L.M., No. 24-593...
Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings Case: State v. L....
Established Facts, Not Volume: Jackson v. State Clarifies Montana’s § 46‑21‑104(1)(c) Threshold for Ineffective-Assistance Postconviction Petitions and Expert-Witness Claims Court: Supreme Court of...
Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture Case: In the Matter of U.S. Currency Totaling $54,226.00: Ronald S. Mickulin v. State of Wyoming Citation: 2025 WY...
HRPP Rule 40 Confirmed as a Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; Missing Plea Transcript Does Not Trigger Burden-Shifting Where the Record Is Not Minimal...
Survivors’ Act Resentencing Is “Postconviction Relief,” and District Courts Cannot Appoint OIDS in Noncapital Survivors’ Act Proceedings Introduction In PYBAS v. THE HONORABLE JEFF CRITES, 2025 OK...