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state Case Commentaries

Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads

Date: Oct 19, 2025
Two Edge Departures in 18 Seconds: Vermont Clarifies Reasonable Suspicion for DUI Stops on Unmarked Roads Introduction In State v. Karen Norton, 2025 VT 56, the Vermont Supreme Court addressed when...
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes

Date: Oct 19, 2025
Finality of Arbitration Confirmation Judgments Triggers Utah’s Eight‑Year Expiration; Insurers Must Defend Amid Genuine Cancellation Disputes Introduction In Farm Bureau Mutual Insurance Co. v....
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes

Date: Oct 19, 2025
Speculative Timing Concerns Do Not Justify Bypassing the District Court: Utah Supreme Court Clarifies Rule 19 Gatekeeping for Extraordinary Relief in Initiative Disputes Introduction In Maxfield v....
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State

Date: Oct 19, 2025
Article IX(a) Grants a Right to Seek, Not a Right to Divert: Utah May Enforce Its Export Statute and Require Evidence of Beneficial Use in the Recipient State Introduction In Water Horse Resources,...
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests

Date: Oct 19, 2025
Mandate Means Mandate: Limited Remand to the Existing Record and the Non‑Dispositive Role of “Abiding Scheme” Evidence in Nebraska Will Contests Introduction In In re Estate of Walker, 320 Neb. 139...
Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Nebraska Supreme Court adopts four alternative measures for restitution in unjust enrichment and reaffirms indefiniteness bar to oral renovation agreements: Morris v. Dall

Date: Oct 19, 2025
Morris v. Dall: Nebraska Supreme Court adopts Restatement (Third) § 49’s four measures of restitution and reaffirms that indefinite oral renovation agreements are unenforceable Introduction In Morris...
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction

Date: Oct 18, 2025
No Recantation, No Brady: Delaware Supreme Court Holds That a Victim’s “Drop the Charges” Affidavit Is Not a Recantation and Reaffirms That DNA Is Not Required to Sustain a Rape Conviction...
Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Delaware Supreme Court Clarifies: No Duty to Disclose Preexisting Internal Projections and No Material Omission When Undisclosed Forecast Falls Within a Disclosed Range

Date: Oct 18, 2025
Internal Projections That Pre-Date a Solicitation and Fall Within a Disclosed Range Are Not Material Omissions Delaware Supreme Court affirms dismissal in Van den Wildenberg v. Sign‑Zone, refining...
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance

Date: Oct 18, 2025
Sewage Disposal Is an Essential Service for Tenant-Owned RV Spaces; Tenant Sanitation Duties Are Independent of Landlord Habitability Compliance Introduction In Jared v. Harmon, 374 Or 381 (2025),...
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Commentary on Brooks‑Buck v. Wahlstrom

Date: Oct 18, 2025
Legislative Immunity Covers Local Member Discipline, But Not Gratuitous Third‑Party Defamation: Brooks‑Buck v. Wahlstrom Court: Supreme Court of Virginia Date: October 16, 2025 Author: Justice Teresa...
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline — Commentary on Pollack v. Virginia State Bar (Va. Oct. 16, 2025)

Date: Oct 18, 2025
Candor Requires Full Disclosure in Guardianship Petitions: Agreed “Good Faith” Orders Do Not Shield Attorneys from Discipline Introduction This commentary analyzes the Supreme Court of Virginia’s...
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds

Date: Oct 18, 2025
Preservation Is Paramount: Arkansas Supreme Court Clarifies Rule 33.1 Applies to Sentence Enhancements and Specific Sufficiency Grounds Introduction In Morgan Weatherford v. State of Arkansas, 2025...
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152

Date: Oct 18, 2025
No Ministerial Duty to Provide Free Transcripts: Arkansas Supreme Court Reaffirms “Compelling Need” and Limits Mandamus in Scott v. Sullivan, 2025 Ark. 152 Introduction In Scott v. Sullivan, 2025...
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas

Date: Oct 18, 2025
Act III Evaluation Time and Joint Continuances Are Excludable for Speedy-Trial Calculations: Neal v. State (2025 Ark. 151) and the Boundaries of Ineffective Assistance in Arkansas Introduction In...
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning

Date: Oct 18, 2025
Novel Constitutional Claims Will Not Be Resolved at the Preliminary‑Injunction Stage: Arkansas Supreme Court Reaffirms Status Quo and Deferential Review in Short‑Term Rental Zoning Introduction In...
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025)

Date: Oct 18, 2025
Immediate Means Immediate: Facility Refusals Count as State Capacity in Alaska’s Pre‑Evaluation Detention — In re Hospitalization of Tavis J. (Alaska 2025) Introduction In In the Matter of the...
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections

Date: Oct 18, 2025
No Home Rule Bar to State‑Mandated Even‑Year Elections: New York Court of Appeals Confirms Legislature’s Plenary Power over Timing of County and Town Elections Introduction In County of Onondaga v....
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite (People v. Callara)

Date: Oct 18, 2025
Special DAs Must Satisfy County Law § 701 Residency: A Nonwaivable, Jurisdictional Prerequisite Case: People v. Callara, 2025 NY Slip Op 05739 (N.Y. Ct. App. Oct. 16, 2025) Author: Troutman, J.;...
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40

Date: Oct 18, 2025
People v. Everson: Summation Finger-Pointing, Without More, Does Not Compel Severance Under CPL 200.40 Introduction In People v. Everson, 2025 NY Slip Op 05738 (N.Y. Oct. 16, 2025), the New York...
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide

Date: Oct 18, 2025
Child May Testify and Still Obtain First-and-Last Closing: Florida Supreme Court Modernizes Juvenile Procedure and Harmonizes Rules Statewide Introduction In a significant rules decision, the Supreme...
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