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  • Commentaries
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state Case Commentaries

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025
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

Revocable Water Permit Renewals Are Reviewable Under HRS § 91-14 When a Contested Case Hearing Is Wrongfully Denied

Date: Oct 1, 2025
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

Public-Access Rule for Deceased/Missing Foster-Child CPA and Adoption Records; Kema Narrowing of “Legitimate Purpose” Overruled

Date: Oct 1, 2025
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

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

Date: Oct 1, 2025
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

Barfell v. Freeman Health System: Oklahoma Courts Must Apply Ford’s “Relate To” Prong When Assessing Specific Personal Jurisdiction

Date: Oct 1, 2025
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

Guardianship Is No Shield: West Virginia Affirms Abuse/Neglect Jurisdiction Over Noncustodial Parents and Upholds Voluntary Relinquishments Absent Duress or Fraud

Date: Oct 1, 2025
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

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

Date: Oct 1, 2025
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.

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.

Date: Oct 1, 2025
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 Alternatives

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 Alternatives

Date: Oct 1, 2025
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: State v. Powell (2025 MT 218)

Street-Time Credit Cannot Be Denied for Restitution Nonpayment Without a DOC-Set Payment Schedule and Specific, Recorded Violations: State v. Powell (2025 MT 218)

Date: Oct 1, 2025
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

Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC

Date: Oct 1, 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

Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants

Date: Oct 1, 2025
Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants...
Hill v. State (Ga. 2025): 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

Hill v. State (Ga. 2025): 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

Date: Oct 1, 2025
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: Commentary on In re T.F., F.F., and C.F.

Actual Notice Cures Rule 10 Witness-List Omission Absent Prejudice: Commentary on In re T.F., F.F., and C.F.

Date: Oct 1, 2025
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

Prior Success Does Not Guarantee Another Chance: Rapid Recurrence and Non-Acknowledgment Justify Denial of a New Improvement Period and Termination

Date: Oct 1, 2025
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

Richeson and the Limits of Plain-Error Review: Highlighting Unrebutted Expert Evidence Is Not Burden Shifting; Record‑Silent IAC Claims Belong in Postconviction Proceedings

Date: Oct 1, 2025
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

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

Date: Oct 1, 2025
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: Mickulin v. State (2025 WY 106)

Clear-and-Convincing Proof and the “Offense Giving Rise” in Wyoming Civil Forfeiture: Mickulin v. State (2025 WY 106)

Date: Oct 1, 2025
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...
Eason v. State (Haw. 2025): HRPP Rule 40 Confirmed as Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; No Burden-Shift Where Plea Record Is Not Minimal

Eason v. State (Haw. 2025): HRPP Rule 40 Confirmed as Constitutional Unitary Post-Conviction Procedure; Habeas Corpus Not “Abolished”; No Burden-Shift Where Plea Record Is Not Minimal

Date: Oct 1, 2025
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

Survivors’ Act Resentencing Is “Postconviction Relief,” and District Courts Cannot Appoint OIDS in Noncapital Survivors’ Act Proceedings

Date: Oct 1, 2025
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...
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