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Josh Kaul v. Wisconsin State Legislature
Wisconsin Supreme Court held a law giving a legislative committee authority to approve or disprove civil settlements reached by the state justice department violates separation of powers as applied to civil enforcement actions and civil cases brought on behalf of executive agencies. Settling these types of actions is within the core power of the executive branch, as the legislature has failed to demonstrate that doing so implicates an institutional interest giving lawmakers a shared constitutional role.
State v. James Ellis
Will consider whether restitution imposed as part of a criminal sentence is punishment subject to the limits on excessive fines in the federal and state constitutions and, if so, whether those clauses require sentencing courts to analyze the defendant’s ability to pay in setting the amount.
State v. Sabra Danielson, State v. Simone Nelson
Will consider the defendants' argument that it violates equal protection to refund fines or fees paid in cash when a conviction is vacated, but not to reimburse defendants who performed community service at the equivalent of minimum wages to satisfy financial obligations they were unable to pay.
Grube v. Trader; State v. Rogan
Will consider whether a state law requiring courts to make a diligent effort to seal all court records when requested by a defendant who receives an expungement order violates the public’s right to access under the First Amendment and the state constitutional equivalent. Will also consider whether the law interferes with the state judiciary’s inherent authority over its own files and procedures.
Schwartz v. Washington County
Will consider whether statutes that establish state tobacco retail licenses and that authorize licensees to sell tobacco products and vaping devices preempt a county ordinance that prohibits the sale of flavored tobacco products and vapes. An intermediate court found the statutes did not preempt the county ordinance.
Paxton v. Annunciation House
Texas Supreme Court held that a clause empowering the state attorney general to seek judicial forfeiture of corporate charters permits him to bring a quo warranto action to shut down a Catholic charity based on allegations it violated a state law against harboring undocumented immigrants. The state's religious freedom restoration act does not bar the claim from being filed, and the law is neither unconstitutionally vague nor precluded by federal immigration law. Remanded the case to the trial court for further proceedings on the merits.
Stephens v. State
Georgia Supreme Court upheld, under the state’s right to bear arms clause, a law banning individuals younger than 21 from carrying handguns in public, unless they have military training. Declined to import federal Second Amendment standards into Georgia’s clause, noting it distinctly and expressly grants the legislature power to regulate the manner in which firearms may be carried.
State of North Carolina v. Chambers
North Carolina Supreme Court upheld a law that allows a juror to be excused and substituted by an alternate after criminal trial deliberations have begun. Because the law requires the trial court to instruct the jury to begin deliberations anew, the majority said, a verdict will still be reached by the 12 people the state constitutional jury right guarantees, not 13.
