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Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
Kanahele v. State
Held that the state's transfer of control over a mountain access road constituted a breach of its constitutional duty to carry out the Hawaiian Homes Commission Act
In re Covid-related Restrictions on Religious Services
Delaware Supreme Court affirmed dismissal of clergy members’ challenge to restrictions on religious gatherings during the Covid-19 pandemic, finding plaintiffs did not establish irreparable harm for injunctive relief or standing for their declaratory claim, and the governor was immune from the damages claim.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
State of Washington v. Luthi
Held that an in-court holding cell, even during pretrial hearings when a jury is not present, undermines the presumption of innocence, limits defendants’ ability to confer confidentially with counsel, and is contrary to the “formal dignity” of the courtroom and treating defendants’ respectfully.
Independent School District No. 12 v. State of Oklahoma
Ruled in a unanimous decision, against the state board and instructed it to dismiss the enforcement proceedings it brought against a district school library over certain books that allegedly violated new state board rules against sexualized content.
Fearrington v. City of Greenville
Ruled that an Act governing red light cameras in a city did not violate the Fines and Forfeitures Clause of the North Carolina Constitution
People v. Watkins
Held that defense counsel's decision to forgo a request for a cross-racial identification charge did not constitute an “egregious” single error that rose to level of constitutionally ineffective assistance
State v. Brown
Held that the defendant had a legitimate, reasonable expectation of privacy when he spoke with his mother in police station interview room under both the Fourth Amendment and Rhode Island's right against self-incrimination
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
