state Case Commentaries

Inevitable Discovery During a Lawful Welfare-Check Search Sustains Evidence Despite Alleged Scope Overreach

Date: Apr 25, 2026

Inevitable Discovery During a Lawful Welfare-Check Search Sustains Evidence Despite Alleged Scope Overreach Case: Terelle Anterion Johnson a/k/a Terelle Johnson v. State of Mississippi Court: Supreme...

Rule 41(b) Dismissal Must Be Applied Consistently Among Joint Movants Absent a Record-Based Distinction

Date: Apr 25, 2026

Rule 41(b) Dismissal Must Be Applied Consistently Among Joint Movants Absent a Record-Based Distinction 1. Introduction First Security Bank v. Dasie Mae Richmond, Administratrix of the Estate of...

Once a Victim’s Name Is Public, Courts Cannot Gag the Press or Exclude It from Trial for Refusing an Unconstitutional Restraint

Date: Apr 24, 2026

Once a Victim’s Name Is Public, Courts Cannot Gag the Press or Exclude It from Trial for Refusing an Unconstitutional Restraint Case: LAS VEGAS REVIEW-JOURNAL, INC v. DIST. CT. (CHASING HORSE)...

Selective Sovereign Immunity Cannot Bar Federal Due-Process Claims; Illegal-Exaction Suits Proceed Despite Article 5, Section 20

Date: Apr 24, 2026

Selective Sovereign Immunity Cannot Bar Federal Due-Process Claims; Illegal-Exaction Suits Proceed Despite Article 5, Section 20 I. Introduction In GARLAND COUNTY DISTRICT COURT; PROFESSIONAL...

Thornton v. State (2026 Ark. 71): Rule 33.1 Requires Element-Specific Deficiency Arguments—Not Element-Recitation—to Preserve Sufficiency Review in Bench Trials

Date: Apr 24, 2026

Rule 33.1 Requires Element-Specific Deficiency Arguments—Not Element-Recitation—to Preserve Sufficiency Review in Bench Trials (and Class-Y “Certification” Issues Are Not Structural Error Absent...

Postconviction Challenges Cannot Be Recast as Civil Declaratory/Mandamus Actions; No Service, No Default, No Appealable Order

Date: Apr 24, 2026

Postconviction Challenges Cannot Be Recast as Civil Declaratory/Mandamus Actions; No Service, No Default, No Appealable Order I. Introduction In RODNEY BUNCH v. STATE OF ARKANSAS; WILLIAM MARTIN...

RAP 20 Emergency Relief Is Confined to Injunction Orders; KRS 403.220 Appellate-Fee Requests Belong in Family Court

Date: Apr 24, 2026

RAP 20 Emergency Relief Is Confined to Injunction Orders; KRS 403.220 Appellate-Fee Requests Belong in Family Court I. Introduction Chastity Ellison v. Hon. Terri Schoborg (Ky. Apr. 23, 2026) arises...

Kentucky Rejects Automatic Immunity and Federal Preemption for Highway Design Consultants; “Mandated Design” Defense Requires Undisputed Mandate

Date: Apr 24, 2026

Kentucky Rejects Automatic Immunity and Federal Preemption for Highway Design Consultants; “Mandated Design” Defense Requires Undisputed Mandate Case: Hmb Professional Engineers, Inc. v. Jennings L....

Reverse Hammer Clauses in Kentucky: Courts May Impose the Original Plea Sentence After a Conditional Leniency Offer Is Breached by a New Arrest—So Long as Sentencing Discretion Is Independently Exercised

Date: Apr 24, 2026

Reverse Hammer Clauses in Kentucky: Courts May Impose the Original Plea Sentence After a Conditional Leniency Offer Is Breached by a New Arrest—So Long as Sentencing Discretion Is Independently...

Kentucky ORA “Agency-Custody” Rule: Private Emails and Texts of Volunteer Commission Members Are Not “Public Records”

Date: Apr 24, 2026

Kentucky ORA “Agency-Custody” Rule: Private Emails and Texts of Volunteer Commission Members Are Not “Public Records” I. Introduction In Kentucky Department of Fish and Wildlife Resources Commission...

R.L.P. v. Commonwealth of Kentucky: KRS Chapter 202C Upheld—“Potential Guilt” Screening by Preponderance Without Jury Is Constitutional in Civil Commitment

Date: Apr 24, 2026

R.L.P. v. Commonwealth of Kentucky: KRS Chapter 202C Upheld—“Potential Guilt” Screening by Preponderance Without Jury Is Constitutional in Civil Commitment 1. Introduction In R.L.P. v. Commonwealth...

Unilateral Rule-Change Clauses in Leases Are Enforceable When Constrained by Reasonableness and the Implied Covenant of Good Faith

Date: Apr 24, 2026

Unilateral Rule-Change Clauses in Leases Are Enforceable When Constrained by Reasonableness and the Implied Covenant of Good Faith 1. Introduction In Vivos xPoint Investment Group, LLC v. Sindorf,...

Timely Permanency as the Decisive “Best Interests” Measure When Incarceration Delays Reunification

Date: Apr 24, 2026

Timely Permanency as the Decisive “Best Interests” Measure When Incarceration Delays Reunification 1. Introduction In the Interest Of: AG, minor child concerns whether a juvenile court may change a...

UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists

Date: Apr 24, 2026

UIFSA Long-Arm Proceedings Are “One-State” Cases: RSA 546-B:31 Does Not Bar New Hampshire Support Orders When Personal Jurisdiction Exists Case: In the Matter of Stansfield & Patti, 2026 N.H. 17...

Unauthorized Use of a Vehicle (ORS 164.135): “Vehicle” Includes Trailers, and Criminal Code Commentary Can Be Decisive Legislative History

Date: Apr 24, 2026

Unauthorized Use of a Vehicle (ORS 164.135): “Vehicle” Includes Trailers, and Criminal Code Commentary Can Be Decisive Legislative History Case: State v. McCarthy, 375 Or 157 (Or Apr 23, 2026) Court:...

State v. Miller (2026): Hospital ER Questioning Is Not Per Se “Compelling”; Voluntariness and Blood-Draw Consent Turn on Totality

Date: Apr 24, 2026

State v. Miller (375 Or 173 (2026)): Hospital ER Questioning Is Not Per Se “Compelling”; Voluntariness and Blood-Draw Consent Turn on Totality Introduction State v. Miller arose from a DUII...

Independent-Judgment Review and No Automatic Deference in Coastal Commission Jurisdiction Disputes; “Principal Permitted Use” Includes Multiple Uses

Date: Apr 24, 2026

Independent-Judgment Review and No Automatic Deference in Coastal Commission Jurisdiction Disputes; “Principal Permitted Use” Includes Multiple Uses Case: Shear Development Co., LLC v. California...

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes

Date: Apr 24, 2026

Fees-on-Fees Are Not Automatic: Trial Courts May Deny Post-Settlement Fee-Litigation Time as Unreasonable Under Fee-Shifting Statutes 1. Introduction Butcher v. General R.V. Center, Inc. (Va. Apr....

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows

Date: Apr 24, 2026

Edwards Is Not a Permanent Taint: Post-Invocation Statements Are Admissible After Interrogation Ends, the Suspect Reinitiates, and a Knowing Waiver Follows I. Introduction Commonwealth v. Fayne...

Commonwealth v. Richerson — Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses

Date: Apr 24, 2026

Commonwealth v. Richerson: Totality-of-the-Evidence Controls DUI Sufficiency; Appellate Courts May Not Reweigh Body-Cam “Inconsistencies” or Invent Innocent Hypotheses 1. Introduction In Commonwealth...

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