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  • Commentaries
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state Case Commentaries

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation

Date: Jun 18, 2025
McDuffie-Connor v. Neal: Post-Accident Mechanical Findings as Evidence & the Re-Empowered Role of the Fact-Finder in Michigan Negligence Litigation 1. Introduction In Estate of William Howard...
Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit and the Expansion of Municipal Liability under MCL 691.1402a

Date: Jun 18, 2025
Embedded Objects as Sidewalk Defects: Kenneth Mann v. City of Detroit (Mich. 2025) Introduction In Kenneth Mann v. City of Detroit, the Michigan Supreme Court addressed whether a metal sign-post stub...
People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

People v. T.P. (2025) – Counsel’s Affirmative Duty to Quell Prosecutorial Misstatements that Strike at the Core of a Justification Defense

Date: Jun 18, 2025
People v. T.P. (2025): Elevating the Standard for Effective Assistance—Defense Counsel Must Object to Prosecutorial Summation Misstatements that Undermine a Justification Defense 1. Introduction...
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the DVSJA

Date: Jun 18, 2025
People v. Brenda WW.: Plenary Appellate Review and Non-Creditable Postrelease Supervision under the Domestic Violence Survivors Justice Act 1. Introduction In People v. Brenda WW. (2025 NY Slip Op...
Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Bail as a “Condition of Release” under CPL 510.10 (4)(t): Commentary on People ex rel. Welch v. Maginley-Liddie

Date: Jun 18, 2025
Bail as a “Condition of Release” under CPL 510.10 (4)(t) Comprehensive Commentary on People ex rel. Welch v. Maginley-Liddie (2025) 1. Introduction On 17 June 2025 the New York Court of Appeals...
Disjunctive Drafting and Bail Eligibility:  People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a)

Date: Jun 18, 2025
Disjunctive Drafting and Bail Eligibility: People ex rel. Ellis v. Imperati Establishes that Making a Terroristic Threat is a Bail-Eligible Offense Under CPL 510.10(4)(a) 1. Introduction People ex...
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025)

Date: Jun 18, 2025
Presumptive Disbarment in Reciprocal Discipline: The New York Rule after Matter of Nguyen (2025) Introduction On 17 June 2025 the Appellate Division, First Department, issued a per-curiam opinion in...
No Standing Once Eligibility Expires: Cepiel v. NHIAA Clarifies Persistent Redressability and Limits Antitrust Standing in New Hampshire Scholastic Athletics

No Standing Once Eligibility Expires: Cepiel v. NHIAA Clarifies Persistent Redressability and Limits Antitrust Standing in New Hampshire Scholastic Athletics

Date: Jun 18, 2025
No Standing Once Eligibility Expires: Cepiel v. NHIAA Clarifies Persistent Redressability and Limits Antitrust Standing in New Hampshire Scholastic Athletics Introduction In Quinton Cepiel & a. v....
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law”

Date: Jun 17, 2025
Executive Impoundment Triggers UBAA Accrual; Ordinance-Based Funding for Independent Counsel Is “Permitted by Law” Introduction In Macomb County Prosecutor v. Macomb County Executive, the Michigan...
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners

Date: Jun 17, 2025
“Law” Includes Local Ordinances: The Michigan Supreme Court’s Re-calibration of County Separation-of-Powers in Hackel v. Macomb County Board of Commissioners Introduction In Mark A. Hackel v. Macomb...
County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

County Charter Ordinances as “Law” for Independent Counsel & the 60-Day UBAA Clock: Commentary on Macomb County Prosecutor v. Macomb County Executive (2025)

Date: Jun 17, 2025
County Charter Ordinances as “Law” Authorizing Independent Counsel & the Trigger of the 60-Day UBAA Suit Period: An In-Depth Commentary on Macomb County Prosecutor v. Macomb County Executive (Mich....
Harmless Error, Cumulative Digital Evidence, and “Open-the-Door” Cures in AFSA Prosecutions: State v. Viveney (N.H. 2025)

Harmless Error, Cumulative Digital Evidence, and “Open-the-Door” Cures in AFSA Prosecutions: State v. Viveney (N.H. 2025)

Date: Jun 14, 2025
Harmless Error, Cumulative Digital Evidence, and “Open-the-Door” Cures in AFSA Prosecutions: State v. Viveney (N.H. 2025) Introduction In State of New Hampshire v. Christopher Viveney, the Supreme...
“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross

“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross

Date: Jun 14, 2025
“Related in Some Way”: Kansas Supreme Court clarifies “common scheme or plan” joinder and preservation of evidentiary error in State v. Ross Introduction In State v. Ross (Kan. June 13, 2025), the...
No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille (Kan. 2025)

No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille (Kan. 2025)

Date: Jun 14, 2025
No Imperfect Self-Defense Instruction Without Evidence of a Subjective Belief in the Need for Lethal Force; “Sudden Quarrel” Requires Objective Sufficient Provocation — Commentary on State v. Thille...
State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

State v. Armendariz (2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis in New Mexico

Date: Jun 13, 2025
State v. Armendariz (N.M. 2025): Reinforcing the Sweat-Thompson Framework for Lay Video-Identification and Clarifying Statements-Against-Interest Analysis 1. Introduction State v. Armendariz,...
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties

Date: Jun 13, 2025
First Appellate Clarification of HALT-Act Limits on Prison Segregated Confinement and the Invalidation of “Recommended” Excessive SHU Penalties Introduction Matter of Peterkin v. New York State...
“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

“Reapplication as Bar to Impossibility” – The Precedent Set in Ithaca Montessori School v. Pfeffer (2025)

Date: Jun 13, 2025
“Reapplication as Bar to Impossibility” – A Commentary on Ithaca Montessori School v. Pfeffer, 2025 NY Slip Op 03618 1. Introduction The Appellate Division, Third Department’s decision in Ithaca...
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof

Date: Jun 13, 2025
People v. Williams (2025): Clarifying Probable Cause Requirements for De Facto Arrests and Re-affirming the Evidentiary Weight of Circumstantial Proof Introduction In People v. Williams, 2025 NY Slip...
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption

Date: Jun 13, 2025
Verizon v. PSC (2025): Shielding Environmental-Hazard Infrastructure Data under FOIL’s “Substantial Competitive Injury” Exemption 1. Introduction In Matter of Verizon N.Y. Inc. v. New York State...
No Interstate Sovereign Immunity for Sister-State Municipal Corporations:  The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

No Interstate Sovereign Immunity for Sister-State Municipal Corporations: The Promenade D’Iberville, LLC v. Jacksonville Electric Authority

Date: Jun 13, 2025
No Interstate Sovereign Immunity for Sister-State Municipal Corporations in Mississippi The Supreme Court of Mississippi’s decision in The Promenade D’Iberville, LLC v. Jacksonville Electric...
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