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Scholarship Roundup: September 2024 Back to School Edition
New articles and books cover a wide range of topics related to state constitutions, judiciaries, state-level democracy, and more.
Falls v. Goins
Ruled that requiring persons with out of state felony convictions to comply with two separate statutes to regain suffrage rights was within the legislature’s constitutional authority to disenfranchise persons with felony convictions
Facebook, Inc. v. State
Ruled that the contemporaneous acquisition of electronic communications is the equivalent of wiretap surveillance and is therefore entitled to greater constitutional protection
Harris v. State
Ruled that right to a jury trial applies to "habitual offender" trials, but that there is no right to present evidence to a jury that does not prove or disprove prior convictions
State v. Murphy
Held that individuals have a reasonable expectation of privacy in their real-time cell phone location, and acquisition of that information by police is a search requiring a warrant unless an exception to the warrant requirement applies.
Ex parte Sheffield
Ruled that defendant’s speedy trial claims were not cognizable in pretrial habeas corpus litigation, which would effectively undermine rather than vindicate the constitutional right before trial
Aurora Public Schools. v. A.S.
Ruled that statute creating a new cause of action for victims of child sexual abuse pre-dating the statute and for which claims were time-barred was unconstitutional as applied under constitution’s prohibition on retrospective legislation
People v. Smith
Ruled that a court may not treat an offense as a 'capital offense' for the purposes of setting bail if the general assembly has abolished the death penalty for that offense
Florida High Court to Hear Case Alleging Congressional Map Is Racially Discriminatory
Voting rights groups say Gov. Ron DeSantis designed a map that purposely harmed Black voters.
State ex rel. One Person One Vote v. LaRose
Ruled that legislature was constitutionally authorized to prescribe a special election on a specific date by joint resolution on a proposed constitutional amendment, overriding election statute prohibiting otherwise
