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  • Commentaries
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state Case Commentaries

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases

Date: Jun 10, 2025
Extension of Implied Marketing Covenant and Post-Production Cost Allocation to In-Kind Oil and Gas Leases Introduction In Francis Kaess v. BB Land, LLC (No. 23-522), the Supreme Court of West...
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases

Date: Jun 10, 2025
Extension of Implied Duty to Market and Post-Production Cost Deductions to In-Kind Royalty Leases Introduction Francis Kaess v. BB Land, LLC, decided by the Supreme Court of Appeals of West Virginia...
Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Reinforcing Grandparent Placement Statutory Findings: In re A.F.

Date: Jun 10, 2025
Reinforcing Grandparent Placement Statutory Findings: In re A.F. Introduction In In re A.F., the Supreme Court of Appeals of West Virginia addressed whether a circuit court must expressly consider...
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations

Date: Jun 10, 2025
Enforcement of Grandparent Placement Preference: Abuse of Discretion in Reliance on Unlawful DHS Recommendations Introduction In re A.F. (No. 23-698) is a 2025 Supreme Court of West Virginia decision...
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations

Date: Jun 10, 2025
In re M.N.: Mandatory Enforcement of Kinship Placement Preferences and Exclusion of Removed DHS Substantiations Introduction In In re M.N., 2025 WL ___ (W. Va. June 6, 2025), the Supreme Court of...
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte

Date: Jun 10, 2025
Clarifying Sanctions for Repeated Lawyer Neglect and Non-Compliance: Standards Reinforced in Lawyer Disciplinary Board v. Curnutte Introduction In Lawyer Disciplinary Board v. Scott A. Curnutte, 2025...
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays

Date: Jun 10, 2025
Clarifying the Burden of Proof and Limits on Disciplinary Sanctions for Litigation Delays Introduction In the disciplinary matter Lawyer Disciplinary Board v. Scott A. Curnutte, No. 23-746 (W. Va....
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions

Date: Jun 10, 2025
Elements‐Only Test for Predicate “Crime of Violence” under WV Code § 61-7-7(b): Excluding Conspiracy Convictions Introduction State of West Virginia v. Deliezha Davonte Gravely (No. 23-189, filed...
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence

Date: Jun 10, 2025
State v. Mason: Clarifying Authentication and Intrinsic Evidence under West Virginia Rules of Evidence Introduction State of West Virginia v. Joseph Wayne Mason (No. 22-674, decided June 6, 2025) is...
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials

Date: Jun 10, 2025
State v. Small: Clarifying Defendants’ Presence, Admissibility of Intrinsic Evidence, and Invocation of Miranda Rights in West Virginia Criminal Trials Introduction In State of West Virginia v....
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits

Date: Jun 10, 2025
Eric Overton v. State of Arkansas: Uncorroborated Minor Testimony Sufficiency & Voir Dire Instruction Limits Introduction This commentary analyzes the Supreme Court of Arkansas’s decision in Eric...
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation

Date: Jun 10, 2025
Amendment 33 Enforcement: Safeguarding Constitutional Boards’ Powers Against Usurpation Introduction The Supreme Court of Arkansas’s decision in Sarah Sanders et al. v. Arkansas Board of Corrections...
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter

Date: Jun 10, 2025
Fair and Just Reasons for Pre-Sentencing Plea Withdrawal: State v. Walter Introduction State v. Walter is a landmark decision by the Supreme Court of Hawaiʻi, filed June 5, 2025, that clarifies and...
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials

Date: Jun 10, 2025
People v. Smart (2025 IL 130127): Admissibility of Other-Acts Evidence to Prove Intent in Specific-Intent Crimes and Harmless-Error in Bench Trials Introduction This Supreme Court of Illinois...
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer

Date: Jun 10, 2025
Parole Review Statute for Emerging Adults Precludes De Facto Life Sentences: People v. Spencer Introduction People v. Spencer, 2025 IL 130015, is a landmark decision by the Supreme Court of Illinois...
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E)

Date: Jun 10, 2025
Clarifying the Scope of “Managing or General Agent” for Corporate Service of Process Under Utah Rule 4(d)(1)(E) Introduction Griffin v. Snow Christensen & Martineau (2025 UT 16) presented the Utah...
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin

Date: Jun 10, 2025
Revised GIA Damages Cap Requires Independent Constitutional Analysis: Limited Reach of Condemarin Introduction This commentary examines the Utah Supreme Court’s decision in University of Utah...
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold

Date: Jun 10, 2025
Establishing a Claim-of-Right Defense in Criminal Trespass: The Objective Evidence Threshold Introduction In Commonwealth v. Kartozia, the Supreme Court of Virginia addressed whether a defendant...
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas

Date: Jun 10, 2025
Reinforcing the Strickland Two-Prong Test in Rule 37.1 Postconviction Proceedings: Turnbo v. Arkansas Introduction Clarence Turnbo v. State of Arkansas, 2025 Ark. 106 addresses the scope and...
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas

Date: Jun 10, 2025
Strict Preservation of Objections to Prosecutorial Closing Arguments Established in Raymond Lovett v. State of Arkansas Introduction Raymond Lovett v. State of Arkansas, 2025 Ark. 100, is a Supreme...
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