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Florida Supreme Court Allows DeSantis to Undermine Prosecutorial Independence
Lawmakers and other officials in multiple states seek to limit the power of or remove elected prosecutors whose policy choices they disagree with.
Bienvenu v. Defendant 1
Held that statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, conflicted with state constitutional substantive due process protection against disturbing vested rights
States in ‘Lockstep’ with the Fourth Amendment May Not Be Locked
Some states have handcuffed their citizens’ constitutional search and seizure protections to the federal standard — but they still hold the keys to going their own way.
State v. Gibbons
Ruled that a statute imposing a mandatory minimum $5,000 fine without regard to a criminal defendant's ability to pay was facially unconstitutional in violation of Montana's proportionality requirement and the Excessive Fines and Fees Clause
City of Dallas v. Employees Retirement Fund of City of Dallas
Held that a city cannot delegate to a third party the perpetual right to veto changes in a city ordinance under art. 11 section 5 of the Texas Constitution
Board of Education v. Cabell County Public Library
Ruled that the restoration of equalization payments from the county board of education, pursuant to Special Acts, violated equal protection insofar as the payments required that funding district and library to be part of the county board of education's excess levy proposal
Office of the State of Public Defender v. Bonta
Plaintiffs, a group of civil right and legal organizations, challenge the legality of the California death penalty statute, claiming it is racially discriminatory and violates the state constitution.
Thompson v. Fhuere
Held that defendant's challenge to constitutionality of death sentence, together with challenge to postconviction court's modification of sentence rather than remand for resentencing, were not cognizable on postconviction review after Governor commuted death sentence
Catholic Charities Bureau, Inc. v. State
Held that determination that corporate subentities of Roman Catholic diocese's social ministry arm were not operated primarily for religious purposes did not constitute as-applied violation of Establishment and Free Exercise Clauses
Williams v. Powell
Court will decide whether a law that criminalizes the disruption of legislative meetings or other official business in the state capitol building is a violation of citizens’ free speech rights under the Georgia Constitution.
