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State v. Pulizzi
Ruled that the criminal defendant did not have an objectively reasonable expectation of privacy in his curbside garbage based on the city's waste collection ordinance requiring special permission from the city for an exemption from waste collection service
Richard Michael Fay v. David Pedro
Oregon trial court found the corrections department had unconstitutionally inflicted cruel and unusual punishment and unnecessary rigor by failing to provide adequate medical treatment and diagnosis to an inmate for serious injuries sustained in prison, and ordered specific medical care to be provided.
Huskey v. Oregon Department of Corrections
Oregon Supreme Court considered whether a state constitutional clause providing that inmates should work or engage in on-the-job training while in custody but have no “legally enforceable right” to a job, training, or compensation, precludes an inmate who does not get such assignments from suing for lost wages. The court held the clause is not a barrier to pleading a claim for economic damages based on lost future income.
Nathaniel M. Fouch
Nathaniel M. Fouch is a law professor at Capital University Law School in Columbus, Ohio.
The Education Wars Return to Ohio
A trial court found that Ohio’s voucher program violated the state constitutional educational guarantees and prohibitions on state funding of religious schools.
Mitchell v. University of North Carolina Board of Governors
North Carolina Supreme Court held that state courts interpreting state administrative regulations must employ de novo review and overruled any intermediate decision requiring deference to an agency's interpretation of its rules.
Cross v. State
Affirmed a lower court's preliminary injunction against Montana's ban on gender-affirming care for minors. Applying strict scrutiny, the state high court held that the trial court did not abuse its discretion in concluding that the ban likely violates the state constitution's express right to privacy.
Murray v. Dalton (In re Doe)
Held that Idaho’s statutes governing powers and duties of guardianship and governing resignation, removal, modification, or termination proceedings for guardians of minors, were rationally related to legitimate government interest in the minor’s safety and best interests and, thus, were not unconstitutionally broad or vague in violation of due process
In re S.M.
Held that an indigent parent or custodial respondent in an abuse and neglect case has a right to appointed counsel at all stages of the proceedings, but they may elect to continue self-represented upon a knowing and intelligent waiver of the right to counsel
Amedure v. State
Ruled that Election Law § 9-209 (2) (g), which provides that if the members of a bipartisan local board charged with reviewing ballots are split as to a ballot's validity, the ballot shall be cast and canvassed, did not violate the equal representation mandate set forth in article II, section 8 of the New York Constitution and principles of judicial review and separation of powers
