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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.
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
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
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
Navahine F. v. Hawai‘i Department of Transportation
State reached settlement with plaintiffs who sued over the climate impact of the state transportation system. Under settlement, Hawaii must plan and implement carbon reduction plans; fund and complete green transportation projects; establish oversight unit in the transportation department; and involve youth in the process. The trial court has approved the settlement and has jurisdiction over any disputes that arise.
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
