state Case Commentaries

Harmless-Error Treatment of “Delayed Complaint” Jury Instruction Imported from § 45-5-511(4), MCA, in a Nonsexual Intimidation Prosecution

Date: Apr 29, 2026

Harmless-Error Treatment of “Delayed Complaint” Jury Instruction Imported from § 45-5-511(4), MCA, in a Nonsexual Intimidation Prosecution 1. Introduction State v. R. Strobel (Mont. 2026 MT 88)...

State v. Strobel: Circumstantial Proof of Intimidation Intent and Harmlessness of a Borrowed “Delayed Complaint” Instruction

Date: Apr 29, 2026

State v. Strobel: Circumstantial Proof of Intimidation Intent and Harmlessness of a Borrowed “Delayed Complaint” Instruction Introduction In State v. R. Strobel (2026 MT 88), the Montana Supreme...

Temporary-Injunction Relief Can Confer “Prevailing Party” Status Under Texas Education Code § 11.1512; § 11.1512(c-2) Creates a No-Exhaustion Path to Court

Date: Apr 29, 2026

Temporary-Injunction Relief Can Confer “Prevailing Party” Status Under Texas Education Code § 11.1512; § 11.1512(c-2) Creates a No-Exhaustion Path to Court I. Introduction Case: WEBB CONSOLIDATED...

Best v. State (Del. 2026) — Pretrial-Suppression Waiver and Plain-Error Limits in Rule 26(c) Direct Appeals

Date: Apr 29, 2026

Pretrial-Suppression Waiver and Plain-Error Limits in Rule 26(c) Direct Appeals 1. Introduction In Best v. State (Del. Apr. 27, 2026), the Delaware Supreme Court affirmed, by Order on direct appeal,...

In re Z.G.: Termination of Parental Rights Requires Both Adoptability and a Statutory “Sufficient Basis” (Services Terminated or Properly Bypassed)

Date: Apr 29, 2026

In re Z.G.: Termination of Parental Rights Requires Both Adoptability and a Statutory “Sufficient Basis” (Services Terminated or Properly Bypassed) Introduction In re Z.G. (Cal. Apr. 27, 2026) is a...

State v. Adauris Garcia (R.I. Apr. 27, 2026) Commentary

Date: Apr 29, 2026

Harnois Timing Rule & Rule 33 Orders Must Rest on the Trial Record: Remand Required When a Trial Justice Misconceives Core Facts and Relies on Extra-Record Information 1. Introduction Case: State v....

SVP Designation Is Not “Punishment” Under the Eighth Amendment Absent the “Clearest Proof” of Punitive Effect

Date: Apr 29, 2026

SVP Designation Is Not “Punishment” Under the Eighth Amendment Absent the “Clearest Proof” of Punitive Effect Case: Beagle, Timothy v. People (2026 CO 24) Court: Colorado Supreme Court (en banc)...

Third-Party Communications as “Directed At” Harassment When Intended to Provoke Adverse Consequences

Date: Apr 29, 2026

Third-Party Communications as “Directed At” Harassment When Intended to Provoke Adverse Consequences Introduction BRIANA HERNANDEZ v. LUIS ARTURO LOARCA is a domestic-relations-adjacent...

April 2026 Pennsylvania Rule Update: Approved Depositories for Attorney Trust (IOLTA) Accounts and “Platinum Leader Bank” Yield Standard

Date: Apr 29, 2026

April 2026 Pennsylvania Rule Update: Approved Depositories for Attorney Trust (IOLTA) Accounts and “Platinum Leader Bank” Yield Standard 1. Introduction In Re: Financial Institutions Approved as...

Rental Car Companies Offering “Liability Insurance Supplement” Are Not Statutory Insurers—and Cary De Facto Insurer Liability Is Confined to Claims-Handling Administrators with Primary Responsibility

Date: Apr 29, 2026

Rental Car Companies Offering “Liability Insurance Supplement” Are Not Statutory Insurers—and Cary De Facto Insurer Liability Is Confined to Claims-Handling Administrators with Primary Responsibility...

Section 10-3-1118 Limited to General Cooperation-Clause Defenses; Excess UIM Exhaustion Satisfied by Undisputed Damages Beyond Underlying Limits

Date: Apr 29, 2026

Section 10-3-1118 Limited to General Cooperation-Clause Defenses; Excess UIM Exhaustion Satisfied by Undisputed Damages Beyond Underlying Limits I. Introduction United Services Automobile v. Wenzell,...

Diabetes as a “Confounding Condition” in Carpal Tunnel Claims: Deference to the Board’s Weighing of Medical Evidence

Date: Apr 29, 2026

Diabetes as a “Confounding Condition” in Carpal Tunnel Claims: Deference to the Board’s Weighing of Medical Evidence 1. Introduction In John Moore v. United Coal Company, LLC (W. Va. Apr. 24, 2026),...

Permissive-Appeal Jurisdiction Encompasses Fairly Included Subsidiary Issues, Including the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Date: Apr 29, 2026

Permissive-Appeal Jurisdiction Encompasses Fairly Included Subsidiary Issues, Including the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes Case: BOREN DESCENDANTS AND ROYALTY OWNERS v....

Mootness from Closed DFPS Investigations and Children’s Majority; Speculative Provider Harms Defeat Standing for Injunctive Relief

Date: Apr 29, 2026

Mootness from Closed DFPS Investigations and Children’s Majority; Speculative Provider Harms Defeat Standing for Injunctive Relief I. Introduction These consolidated matters arise from three...

Permanent Closure and Aging Out Moot Injunction Challenges to DFPS Investigations; Speculative Provider Harms Do Not Confer Standing

Date: Apr 29, 2026

Permanent Closure and Aging Out Moot Injunction Challenges to DFPS Investigations; Speculative Provider Harms Do Not Confer Standing I. Introduction In these consolidated interlocutory appeals, the...

Permissive-Appeal Scope Includes Fairly Included Issues Like the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes

Date: Apr 29, 2026

Permissive-Appeal Scope Includes Fairly Included Issues Like the Presumed-Grant Doctrine in Double-Fraction Royalty Disputes I. Introduction This Supreme Court of Texas per curiam opinion arises out...

Temporary Injunction as Merits-Dispositive Relief Under Texas Education Code § 11.1512: Fees Survive Mootness and No Administrative Exhaustion Required

Date: Apr 29, 2026

Temporary Injunction as Merits-Dispositive Relief Under Texas Education Code § 11.1512: Fees Survive Mootness and No Administrative Exhaustion Required I. Introduction In WEBB CONSOLIDATED...

Belated Insanity Notices Require Good Cause for Post-Evaluation Delay: Tillett v. State of Indiana (Ind. 2026)

Date: Apr 28, 2026

Belated Insanity Notices Require Good Cause for Post-Evaluation Delay Case: Tillett v. State of Indiana (Supreme Court of Indiana, Apr. 24, 2026) Holding in focus: A defendant who misses Indiana Code...

Diabetes as a “Confounding Condition” Supports Denial of CTS Claims Where the Board Persuasively Credits Non-Occupational Causation

Date: Apr 28, 2026

Diabetes as a “Confounding Condition” Supports Denial of CTS Claims Where the Board Persuasively Credits Non-Occupational Causation 1. Introduction In John Moore v. United Coal Company, LLC (W. Va....

Nevada Recognizes Specific Jurisdiction and Pleading-Stage Viability of State Claims Targeting Social-Media Addictive Design and Safety Misrepresentations (Not Barred by CDA § 230 or the First Amendment)

Date: Apr 28, 2026

Nevada Recognizes Specific Jurisdiction and Pleading-Stage Viability of State Claims Targeting Social-Media Addictive Design and Safety Misrepresentations (Not Barred by CDA § 230 or the First...

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