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  • Commentaries
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state Case Commentaries

Victim Character Evidence Cannot Alone Establish the Foundation for Self-Defense in Nevada

Victim Character Evidence Cannot Alone Establish the Foundation for Self-Defense in Nevada

Date: May 3, 2026
Victim Character Evidence Cannot Alone Establish the Foundation for Self-Defense in Nevada Introduction In RICHT v. STATE, the Supreme Court of Nevada affirmed Jesce Richt’s conviction for murder...
Direct Appeal Remains Available for Article I, Section 16 Challenges to Sentencing-Guidelines Crime-Seriousness Rankings

Direct Appeal Remains Available for Article I, Section 16 Challenges to Sentencing-Guidelines Crime-Seriousness Rankings

Date: May 2, 2026
Direct Appeal Remains Available for Article I, Section 16 Challenges to Sentencing-Guidelines Crime-Seriousness Rankings Introduction In State v. Fernandez, 375 Or 205 (2026), the Oregon Supreme...
Matta v. State: Harmless Error and Plain-Error Limits for Prejudicial Background Testimony

Matta v. State: Harmless Error and Plain-Error Limits for Prejudicial Background Testimony

Date: May 2, 2026
Matta v. State: Erroneously Admitted Background Testimony Is Not Reversible Absent Prejudice to the Verdict Introduction In Matta v. State, the Delaware Supreme Court affirmed Gary Matta’s...
As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy

As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy

Date: May 2, 2026
As-Applied Challenges to Advance Notice Bylaws Require a Concrete Nomination Controversy Introduction In In re The AES Corporation and Owens Corning, the Delaware Supreme Court affirmed the Court of...
A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs

A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs

Date: May 1, 2026
A.R.S. § 12-821 Does Not Abrogate Nullum Tempus for Public-Entity Plaintiffs Introduction In CHANDLER v. ROOSEVELT, the Arizona Supreme Court addressed whether the one-year statute of limitations in...
Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect

Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect

Date: May 1, 2026
Colorado SVP Designation Is Not Eighth Amendment Punishment Absent the Clearest Proof of Punitive Effect Introduction In Beagle v. People, 2026 CO 24, the Colorado Supreme Court considered whether...
DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions

DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions

Date: May 1, 2026
DHHS Appeals Unit Has Jurisdiction Over Licensed Medicaid Provider Challenges to MCO Recoupment Decisions Introduction In Petition of Metro Treatment of N.H., 2026 N.H. 20, the New Hampshire Supreme...
Three-Year Suspension for Knowing Client Neglect and Failure to Comply with Disciplinary Probation

Three-Year Suspension for Knowing Client Neglect and Failure to Comply with Disciplinary Probation

Date: Apr 30, 2026
Three-Year Suspension for Knowing Client Neglect and Failure to Comply with Disciplinary Probation Introduction In Board of Professional Responsibility, Wyoming State Bar v. Vaughn H. Neubauer, 2026...
Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a

Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a

Date: Apr 30, 2026
Continuance Discretion and Proof of Fear in Civil Stalking Orders Under RSA 633:3-a 1. Introduction In C.A. v. D.N. (No. 2025-0579) and D.W. v. D.N. (No. 2025-0580), the Supreme Court of New...
PUCO Prudency Reviews: Must-Run Strategy Judged Without Hindsight; Subpoenas Discretionary; Auditor Independence Requires “Undue Influence,” Not Mere Appearance

PUCO Prudency Reviews: Must-Run Strategy Judged Without Hindsight; Subpoenas Discretionary; Auditor Independence Requires “Undue Influence,” Not Mere Appearance

Date: Apr 29, 2026
PUCO Prudency Reviews: Must-Run Strategy Judged Without Hindsight; Subpoenas Discretionary; Auditor Independence Requires “Undue Influence,” Not Mere Appearance I. Introduction Case: In re Rev. of...
2026-Ohio-1471: Summary Dispositions and Procedural Orders—No New Substantive Precedent, but Clear Signals on Mootness and Gatekeeping

2026-Ohio-1471: Summary Dispositions and Procedural Orders—No New Substantive Precedent, but Clear Signals on Mootness and Gatekeeping

Date: Apr 29, 2026
2026-Ohio-1471: Summary Dispositions and Procedural Orders—No New Substantive Precedent, but Clear Signals on Mootness and Gatekeeping Court: Supreme Court of Ohio Date: April 28, 2026 Citation:...
Ambiguity in Rhode Island Tax-Exemption Statutes Is Resolved in Favor of Taxation: § 44-3-3(a)(12) and the Meaning of “Society”

Ambiguity in Rhode Island Tax-Exemption Statutes Is Resolved in Favor of Taxation: § 44-3-3(a)(12) and the Meaning of “Society”

Date: Apr 29, 2026
Ambiguity in Rhode Island Tax-Exemption Statutes Is Resolved in Favor of Taxation: § 44-3-3(a)(12) and the Meaning of “Society” 1. Introduction In PACE Organization of Rhode Island v. Sarah Frew, in...
Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a

Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a

Date: Apr 29, 2026
Continuance Discretion and Evidentiary Sufficiency in Civil Stalking Protective Orders Under RSA 633:3-a Court: Supreme Court of New Hampshire Date: April 28, 2026 Cases: Case No. 2025-0579, C.A. v....
Penn Central “Investment-Backed Expectations” Must Track Known Regulatory Risk—Agency “Stonewalling” Does Not Create a Taking

Penn Central “Investment-Backed Expectations” Must Track Known Regulatory Risk—Agency “Stonewalling” Does Not Create a Taking

Date: Apr 29, 2026
Penn Central “Investment-Backed Expectations” Must Track Known Regulatory Risk—Agency “Stonewalling” Does Not Create a Taking Case: State ex rel. AWMS Water Solutions, L.L.C. v. Mertz, Slip Opinion...
In re L.E.S. (2026-Ohio-1449): R.C. 3111.95(A) Cannot Be Retroactively Extended to Unmarried Same-Sex Partners via a “Would Have Been Married” Test

In re L.E.S. (2026-Ohio-1449): R.C. 3111.95(A) Cannot Be Retroactively Extended to Unmarried Same-Sex Partners via a “Would Have Been Married” Test

Date: Apr 29, 2026
In re L.E.S. (2026-Ohio-1449): R.C. 3111.95(A) Cannot Be Retroactively Extended to Unmarried Same-Sex Partners via a “Would Have Been Married” Test 1. Introduction In re L.E.S., E.S., and N.S. is an...
Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice

Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice

Date: Apr 29, 2026
Appealability and Timeliness in Montana When a Court Authorizes Sale of Real Property Without Rule 77(d) Notice Case: Keltz v. KMW Enterprises (Order denying motion to dismiss appeal) Court: Supreme...
Opie v. Wead — Pre-Filing Leave Requirement for Repetitive Habeas Corpus Original Proceedings

Opie v. Wead — Pre-Filing Leave Requirement for Repetitive Habeas Corpus Original Proceedings

Date: Apr 29, 2026
Opie v. Wead: The Montana Supreme Court’s Notarized Motion-for-Leave Gatekeeping Rule for Repetitive Habeas Original Proceedings 1. Introduction Opie v. Wead (Mont. Apr. 28, 2026) is an original...
Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed (Murray v. Steinmetz)

Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed (Murray v. Steinmetz)

Date: Apr 29, 2026
Section 61-8-343 “Driveway Yield” Negligence Per Se Is Not Automatic on Summary Judgment When Pre-Crash Circumstances Are Disputed Murray v. Steinmetz, 2026 MT 89 (Mont. Apr. 28, 2026) 1....
State v. Mann (2026 MT 92) Commentary

State v. Mann (2026 MT 92) Commentary

Date: Apr 29, 2026
“Power-and-Control” Motive as a Non-Propensity Basis for Same-Victim Domestic-Abuse Other-Acts Evidence Under M. R. Evid. 404(b), Subject to Rule 403 Line-Drawing Case: State v. S. Mann, 2026 MT 92...
In re Marriage of Handy (2026 MT 90): Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment

In re Marriage of Handy (2026 MT 90): Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment

Date: Apr 29, 2026
Mandatory Evidentiary Hearing and Cross-Examination Rights Before Parenting Plan Amendment Under § 40-4-220(1), MCA Introduction In re Marriage of Handy, 2026 MT 90, arises from post-dissolution...
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