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Foresman v. Foresman
The Hawaii Supreme Court will consider a law that reopened civil claims “based upon sexual acts” with a minor “that constituted or would have constituted a criminal offense” under certain statutes. At issue is whether the law can impose liability for acts that were not crimes when they were committed without violating federal and state constitutional bars against retroactive application of punishment.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
Bienvenu v. Defendant 1
Vacated prior ruling and held that a statute, which retroactively revived certain prescribed child sex abuse claims for limited three-year period, did not conflict with state constitutional substantive due process protection against disturbing vested rights
Roman Realty, LLC v. The City of Morgantown
Ruled that the state constitution's takings clause does not require an eminent domain proceeding be initiated to ascertain just compensation, merely that just compensation must be paid
State v. Barr
Held that the mandatory consecutive sentence requirement in the Idaho Code did not violate the separation of powers provision of the Idaho Constitution
State v. Tran
Ruled that the Hawaii constitutional provision allowing the legislature to define jury unanimity required for a conviction of continuous sexual assault against a minor below 14 years of age did not violate Equal Protection Clause of the US Constitution
State ex rel. Parson v. Walker
Held that statute governing Governor's power to grant reprieves, commutations and pardons placed no limit on Governor's exclusive constitutional discretion over clemency matters
Commonwealth v. Torsilieri
Held that Sex Offender Registration and Notification Act's presumption that adult sex offenders posed higher risk of recidivism did not violate due process
