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State v. Melvin
Ruled that acquitted conduct may not be considered in sentencing defendants under state constitution’s heightened due process rights and right to a criminal trial by jury
Brooks v. Ewing Cole, Inc.
Ruled pretrial decision denying a government defendant’s right to a sovereign immunity defense in a negligence action was an immediately appealable collateral order
Pinckney v. Peeler
Ruled that statute removing confederate flag from capital and renaming other historic items did not violate prohibition on special laws or home rule provision, but severed provision requiring a supermajority to amend the law
Fay v. Fox
Ruled victim has right to be heard on merits of defendant’s motion for a delayed appeal of restitution award under due process, prompt restitution, and finality provisions of Victims’ Bill of Rights
What Is a ‘Public Education’?
Formal legal questions around school funding haven’t changed much over decades, but cultural attitudes toward schooling have.
Aaron Saiger
Aaron Saiger is a professor at Fordham University School of Law and the director of Fordham Law School...
State v. Arctic Village Council
Ruled statutory witness requirement for absentee voting imposed unconstitutional burden during pandemic on right to vote absentee
Francis v. Wegener
Ruled permanently enjoining attorney from filing pro se claims as opposed to filing with retained counsel in state court did not violate constitutional right of access to courts
State v. Hinkley
Held that a confession made in reliance on police promise of immunity is per se involuntary under state constitution
Ex parte Jefferson County Board of Education
Ruled constitution’s state immunity clause extends to county boards of education providing absolute immunity against all claims including breach of contract