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Quinn v. State
Ruled that new capital gains tax is consistent with constitution's tax uniformity provisions and privileges and immunities clause
State v. Lafoga
Dissent argued multiple constitutional missteps by trial court, including deprivation of right to be presumed not guilty, effective assistance of counsel, and impartial judge
State v. Purcell
Held that when an individual’s “substantial rights” are affected by a postconviction order, the order is appealable per constitutional right to appeal criminal convictions
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
City of Houston v. Houston Proffesional Fire Fighters Association
Ruled that provision of public employee law did not violate constitutional separation of powers because it established "reasonable standards" for judicial enforcement
Vitale v. Bellows Falls Union High School
Held that Education clause does not require the state to pay for children to attend the school of their parents' choice, and the state may select any appropriate, substantially equal, means for providing education
Winchester v. State
Held that Maine courts must apply a “flexible balancing test” weighing all relevant circumstances in assessing speedy trial violations
In re Smart
Ruled that state constitution does not bestow a legally protected interest in obtaining a commutation hearing that would implicate procedural due process rights
In re Petition for Emergency Remedy By Maryland State Board of Elections
Ruled that election law delegating task of protecting electoral integrity to courts did not violate constitution’s separation of powers clause as the task was a judicial function
