state Case Commentaries

BJORKMAN v. NOBLE (2025 OK 62): Attorney Abandonment and No-Hearing Damages/Fee Awards as “Unavoidable Casualty or Misfortune” Requiring Vacation of Judgment

Date: Oct 1, 2025

Attorney Abandonment Plus No-Hearing, Unsupported Damages/Fee Awards Constitute “Unavoidable Casualty or Misfortune” Warranting Vacation of Judgment Case: BJORKMAN v. NOBLE, 2025 OK 62 (Supreme Court...

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act

Date: Oct 1, 2025

Agencies Need Not Run New Database Queries: Ohio Supreme Court Clarifies “Creation of a New Record” Under the Public Records Act Introduction In State ex rel. Huwig v. Department of Health,...

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025)

Date: Oct 1, 2025

Rule 5 Forbids Continuances for Pending Criminal Bond Proceedings; Acknowledgment of Neglect Is Prerequisite to Improvement Period — Commentary on In re N.S. (W. Va. 2025) Introduction In a...

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation — In re G.J. (W. Va. 2025)

Date: Oct 1, 2025

Refusal to Engage in Reunification Services and Violations of Court Orders Permit Termination Without Less-Restrictive Alternatives and Justify Denial of Post‑Termination Visitation Introduction This...

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error

Date: Oct 1, 2025

Reaffirming Montana’s Ariegwe Speedy‑Trial Framework: Defendant‑Caused Continuances Control the Balance; Evidence‑Anchored “Guilt” Statements in Closing Are Not Plain Error Introduction This...

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...

Continued Relationship with a Co‑Abusive Partner Can Defeat an Improvement Period and Support Termination Despite Service Compliance

Date: Oct 1, 2025

Continued Relationship with a Co‑Abusive Partner Can Defeat an Improvement Period and Support Termination Despite Service Compliance Introduction In In re I.R. and E.B., No. 24-496 (W. Va. Sept. 30,...

Reasonable Efforts in Repeat Abuse-Neglect Cases: Prior Services and Targeted Evaluations Can Satisfy DHS’s Obligation When Recurrence Shows Futility — In re D.G. and L.G. (W. Va. 2025)

Date: Oct 1, 2025

Reasonable Efforts in Repeat Abuse-Neglect Cases: Prior Services and Targeted Evaluations Can Satisfy DHS’s Obligation When Recurrence Shows Futility — In re D.G. and L.G. (W. Va. 2025) Introduction...

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025)

Date: Oct 1, 2025

Strict Enforcement of the Fifteen-of-Twenty-Two-Month Foster Care Cap Absent Clear and Convincing Compelling Circumstances: In re B.S. (W. Va. 2025) Introduction In In re B.S., No. 24-732 (W. Va....

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified

Date: Oct 1, 2025

Reaffirming the Rule 8 Presumption and Evidentiary Limits in Abuse–Neglect Adjudications: No Due Process Right to Confront Child Victims; Rape Shield and Discovery Constraints Clarified Introduction...

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically Complex Care

Date: Oct 1, 2025

Visitation Alone Does Not Defeat “Failure to Plan” in Termination of Parental Rights: Delaware Supreme Court Affirms TPR Where Parent Declines Case-Plan Services and Lacks Capacity for Medically...

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence Reduction

Date: Oct 1, 2025

Miller v. State: Misstated Felony Class at Plea Is Not Plain Error When the Substantive Charge Matches the Reindictment and the Defendant Receives a Substantial Benefit; Remand for Possible Sentence...

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice

Date: Oct 1, 2025

No Second Bite at the Apple under Montana’s MHRA: Exclusive Administrative Pathways, Strict 30/90-Day Deadlines, and Mailing Suffices for Due-Process Notice Note: The Montana Supreme Court designated...

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone

Date: Oct 1, 2025

Reverse Adverse Possession of Ditch Easements Requires Uniform, Conspicuous Exclusion; “Prevailing Party” Fees Under § 70‑17‑112, MCA, Turn on Statutory Claims Alone Introduction In Apecella v....

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act

Date: Oct 1, 2025

No Executive Exception to Civil Wage Theft Liability Under Labor Law §§ 193 and 198 After the No Wage Theft Loophole Act Patel v. Maybank Kim Eng Securities USA Inc., 2025 NY Slip Op 05194 (1st Dep’t...

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder

Date: Oct 1, 2025

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder Court: Supreme...

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re G.A.)

Date: Oct 1, 2025

Oral Requests Are Not Enough: West Virginia Reaffirms Written-Motion Requirement for Additional Improvement Periods and Permits Direct Termination When No Reasonable Likelihood of Correction (In re...

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification

Date: Oct 1, 2025

In re B.N.: Continued-Association Visitation May Be Ordered Without a Grandparent Visitation Act Motion; Non‑Intervenor Grandparents Cannot Challenge Reunification Introduction In In re B.N., No....

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