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Montana’s Climate Change Lawsuit May See Sequels Across America
Courts in Montana, Hawaii, and New Mexico have been receptive to claims by youth plaintiffs that failures to protect the environment violate state constitutions.
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
Battle Over Religion in Public Schools Continues
The Oklahoma Supreme Court ruled a Catholic institution could not be a public charter school, but the issue is far from resolved.
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
State v. Arctic Village Council
Ruled statutory witness requirement for absentee voting imposed unconstitutional burden during pandemic on right to vote absentee
In re Abbott
Ruled that the state constitution empowers the House of Representatives to compel the attendance of absent members
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
