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In re Covid-related Restrictions on Religious Services
Affirmed dismissal of the clergy members’ challenge to restrictions on religious gatherings during the Covid-19 pandemic. Because the restrictions were lifted before the action was filed and the possibility of future pandemic conditions is speculative, the court said, the plaintiffs cannot establish irreparable harm for injunctive relief or standing for their declaratory claim. The court also found the governor immune from the clergies’ damages claims, rejecting the argument that his restrictions fell outside the state tort law’s liability exemption for “discretionary” acts because he lacked authority to interfere with religious worship under the state constitution.
In Re the State of Texas
The State of Texas requested that a Harris County guaranteed income program in that would use federal funds to disburse $500 cash payments (monthly, for 18 months) to 2,000 low-income county residents be paused as a lawsuit over the program proceeds in the trial court. The Texas Supreme Court issued a temporary injunction.
Kanahele v. State
Held that the state's transfer of control over a mountain access road constituted a breach of its constitutional duty to carry out the Hawaiian Homes Commission Act
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
Montanans for Election Reform Action Fund v. Knudsen
Held that petitioner’s proposed ballot issue did not violate the separate-vote requirement provision
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.
State of Washington v. Luthi
Held that an in-court holding cell, even during pretrial hearings when a jury is not present, undermines the presumption of innocence, limits defendants’ ability to confer confidentially with counsel, and is contrary to the “formal dignity” of the courtroom and treating defendants’ respectfully.
Fearrington v. City of Greenville
Ruled that an Act governing red light cameras in a city did not violate the Fines and Forfeitures Clause of the North Carolina Constitution
People v. Watkins
Held that defense counsel's decision to forgo a request for a cross-racial identification charge did not constitute an “egregious” single error that rose to level of constitutionally ineffective assistance
State v. Brown
Held that the defendant had a legitimate, reasonable expectation of privacy when he spoke with his mother in police station interview room under both the Fourth Amendment and Rhode Island's right against self-incrimination
