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State v. Davieontray Breax
Louisiana Supreme Court held that the state constitution bars prosecutors from joining capital charges with other felony charges in one indictment.
J.F. v. St. Vincent Hospital
Indiana Supreme Court established a new approach to mootness for the state constitutional and statutory right to appeal court-ordered temporary involuntary commitments confining individuals to mental health treatment facilities, holding that expiration of such an order generally will not bar appeal. Expiration will only moot an appeal if the appellee can show the absence of any collateral consequence from the temporary commitment order.
Jersey City United Against the New Ward Map v. Jersey City Ward Commission
New Jersey Supreme Court held new boundaries for municipal election districts redrawn after the 2020 census that local organizations and a city councilman had alleged carve up longstanding neighborhoods and communities of interest do not violate New Jersey’s equal protection clause, civil rights law, or statute requiring municipal wards to be “compact.”
Wisconsin Supreme Court Rules 176-Year-Old Law Does Not Ban Abortion
State Republicans wanted to use the law to criminalize abortion after the U.S. Supreme Court held the federal Constitution does not protect the procedure.
What this Year’s SCOTUS Term Means for State Courts
Several rulings will impact the power of state courts and the cases that come before them.
State v. Adrian Fernandez
The Oregon Supreme Court will consider whether a law that restricts appellate courts’ authority to review a sentence that falls within the range set in guidelines by the state criminal justice commission precludes appellate review of a state constitutional challenge to that sentence. In an amicus brief, the American Civil Liberties Union argues that interpreting the law to preclude such appellate review would violate separation of powers and the state constitution's equality guarantee.
Stary v. Ethridge
Texas Supreme Court held that due process requires a heightened evidentiary standard to support a protective order prohibitng contact between a parent and child for longer than two years, likening such an order to a government's termination of parental rights. Instead of the ordinary civil preponderance of the evidence standard, a court must find the statutory requirements for such an order by clear and convincing evidence and must consider the best interests of the child.
Rafael Cox Alomar
Rafael Cox Alomar is a professor of law at the David A. Clarke School of Law of the University of the District of Columbia in Washington D.C. and author of...
The Puerto Rico Constitution: A Unique Territorial Framework
Though the island’s territorial constitution offers unique provisions and a focus on human rights, Congress still exerts plenary powers over Puerto Rico.
Perez v. City of San Antonio
Texas Supreme Court held that a 2021 amendment, which bans the state and localities from prohibiting or limiting religious services, is absolute and categorical when it applies, but its applicability does not extend to the government’s preservation and management of publicly owned lands.
