state Case Commentaries

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision

Date: Sep 25, 2025

Supervised Visitation Conditioned on Rehabilitation Programs Upheld Under Best-Interest Review in Nonprecedential Memorandum Decision Case: In re the Parenting of J.E.B. & B.L.B., 2025 MT 216N (Mont....

State v. Post: Montana Supreme Court Requires On-the-Record Ability-to-Pay Findings for Criminal Fines and Surcharges; Oral Pronouncement Controls Over Written Judgment

Date: Sep 25, 2025

State v. Post: Mandatory Ability-to-Pay Findings for Fines, Fees, and Surcharges; Oral Sentence Controls Introduction In State v. Post, 2025 MT 215 (Mont. Sept. 23, 2025), the Montana Supreme Court...

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e)

Date: Sep 25, 2025

Credibility of Oral Modified‑Duty Offers Controls TTD Termination: West Virginia’s High Court Reaffirms Deference to the Board of Review Under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1)

Date: Sep 25, 2025

Accident Location Is Not Dispositive: Evidence, Not Assertions, Controls Transfers Under Alabama’s Forum Non Conveniens Statute (§ 6-3-21.1) Introduction This commentary analyzes the Supreme Court of...

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights

Date: Sep 25, 2025

Substantive Immunity Shields Municipalities from Negligence Claims Over Inoperable Interstate Streetlights Introduction In Ex parte City of Birmingham (In re: Smith v. City of Birmingham), decided on...

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151)

Date: Sep 25, 2025

Amendments that Materially Change Interest Terms Are New, Time‑Barred Claims Under Mississippi Probate Law (§ 91-7-151) Case: In Re The Estate of Herbert Bernard Ivison, Jr.: Malouf & Malouf, PLLC v....

No Interlocutory Appeals Under Rule 103.03(b) for Trust Code Orders Restoring Property or Removing a Trustee

Date: Sep 25, 2025

No Interlocutory Appeals Under Rule 103.03(b) for Trust Code Orders Restoring Property or Removing a Trustee Introduction In this precedential decision, the Minnesota Supreme Court clarifies a...

“Received” Means Where Any Recipient Takes Possession: Minnesota Supreme Court Clarifies Service-Receipt Sourcing Is Not Limited to Direct Customers

Date: Sep 25, 2025

“Received” Means Where Any Recipient Takes Possession: Minnesota Supreme Court Clarifies Service-Receipt Sourcing Is Not Limited to Direct Customers Introduction In Humana MarketPoint, Inc., Relator...

Florida Supreme Court Clarifies That Eligibility Under the Dozier/Okeechobee Victim-Compensation Program Is Not “Newly Discovered Evidence” and Tightens Limits on Post‑Warrant Records and Due Process Challenges

Date: Sep 25, 2025

Florida Supreme Court Clarifies That Eligibility Under the Dozier/Okeechobee Victim-Compensation Program Is Not “Newly Discovered Evidence” and Tightens Limits on Post‑Warrant Records and Due Process...

Jones and the Clear-and-Convincing Public-Interest Test: No Automatic Expungement After Acquittal in South Dakota

Date: Sep 25, 2025

Jones and the Clear-and-Convincing Public-Interest Test: No Automatic Expungement After Acquittal in South Dakota Introduction In Record Expungement of Jones, 2025 S.D. 54, the Supreme Court of South...

No Appropriation Without Exclusive Control: Shoreline-Connected Canals Do Not Require Water Appropriation Permits under South Dakota Law

Date: Sep 25, 2025

No Appropriation Without Exclusive Control: Shoreline-Connected Canals Do Not Require Water Appropriation Permits under South Dakota Law Case: McCook Lake Recreation Area v. Dakota Bay, LLC, 2025...

Waiver-by-Acceptance Applies Equally to Publicly Subsidized and Private Tenancies; “Acceptance” Is a Fact Question Assessed by the Totality of Circumstances

Date: Sep 25, 2025

Waiver-by-Acceptance Applies Equally to Publicly Subsidized and Private Tenancies; “Acceptance” Is a Fact Question Assessed by the Totality of Circumstances Introduction In Hook & Ladder Apartments,...

Two-Track Specificity for Restitution Challenges: Minnesota Supreme Court Requires Offenders to Specify “Item” versus “Amount” under Minn. Stat. § 611A.045, subd. 3(a) — State v. Seeman (2025)

Date: Sep 25, 2025

Two-Track Specificity for Restitution Challenges: Minnesota Supreme Court Requires Offenders to Specify “Item” versus “Amount” under Minn. Stat. § 611A.045, subd. 3(a) Introduction In State of...

Beyond Reversal of Agency Orders: The Texas Supreme Court Narrows the Redundant‑Remedies Doctrine in Gonzalez v. Texas Medical Board

Date: Sep 25, 2025

Beyond Reversal of Agency Orders: The Texas Supreme Court Narrows the Redundant‑Remedies Doctrine in Gonzalez v. Texas Medical Board I. Introduction The Supreme Court of Texas’s decision in Reynaldo...

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap

Date: Sep 24, 2025

"Exceptional Services" Fees May Include Equipment Charges: Connecticut Supreme Court Recasts § 14-63-36c(c) as a Posting Requirement, Not a Labor-Only Cap Introduction In Modzelewski's Towing &...

Deferred Felony Child Endangerment Plus Alcohol-Related Recidivism Warrants Actual Suspension Under RGDP Rule 7

Date: Sep 24, 2025

Deferred Felony Child Endangerment Plus Alcohol-Related Recidivism Warrants Actual Suspension Under RGDP Rule 7 Case: STATE ex rel. OKLAHOMA BAR ASSOCIATION v. GIES, 2025 OK 59 (Okla. Sept. 23, 2025)...

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense

Date: Sep 24, 2025

State v. Henderson: No Per Se Extreme Emotional Disturbance Instruction in Intimate‑Partner Homicides; Loss of Self‑Control Must Be Shown and Postcrime Evasion Undercuts the Defense Introduction In...

Prospective-Only Enforcement of RESCTA’s “Large Load” Rule: No Third-Party Transmission “Extensions,” But Existing Service Remains Undisturbed

Date: Sep 24, 2025

Prospective-Only Enforcement of RESCTA’s “Large Load” Rule: No Third-Party Transmission “Extensions,” But Existing Service Remains Undisturbed 1. Introduction In OKLAHOMA ELECTRIC COOPERATIVE v....

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson

Date: Sep 24, 2025

Reasserting the “Light Most Favorable” Mandate and Jury Primacy for Extreme Emotional Disturbance Instructions: Justice Ecker’s Dissent in State v. Henderson Introduction In State v. Henderson...

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e)

Date: Sep 24, 2025

Credibility Over Formality: Verbal Light‑Duty Offers Do Not Automatically Terminate TTD; Deference to the Board of Review Controls under § 23‑4‑7a(e) Introduction In Dainel Nicole Smith v. West...

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