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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.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
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
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
State v. McKelvey
Held that a state trooper's use of telephoto lens to enhance photographs of defendant's greenhouse from aerial surveillance was a "search" under the state's search and seizure clause
Smith v. Ohio State University
Held that discretionary immunity serves as a jurisdictional bar, not an affirmative defense, to suits against the state in the Court of Claims
Davis v. Bissen
Held that unabandoned possessions of houseless persons constitute property and were protected by Hawaii's due process clause
