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McClain v. State
Ruled no state constitutional right to a jury trial in civil suit for wrongful imprisonment because claim did not exist in common law
Stivers v. Beshear
Ruled legislature has legislative immunity from declaratory action brought by executive branch challenging constitutionality of certain laws related to pandemic
Mack v. Williams
Held that there is a private right of action for monetary relief under state search and seizure clause, and state has no qualified immunity defense in the absence of legislation
State Court Oral Arguments to Watch for in June
Issues on the dockets include early voting, rules for poll watchers, discretionary sentencing, and a climate change trial brought by young plaintiffs.
State v. Brasher
Ruled crime victims had standing to file direct appeal of restitution portion of defendant’s sentence under Ohio Constitution’s victims’ rights amendment
State v. Morris
Ruled juvenile defendant’s life sentence with parole eligibility constitutes cruel and unusual punishment when court failed to consider youth as a mitigating factor in sentencing
Legislative Efforts to Abolish Qualified Immunity Yield Mixed Results
Colorado and New Mexico have enacted laws to hold police and other officials accountable for state constitutional violations, while other states have broadened immunities.
State Constitutional Conventions, Explained
The last state to hold a conventional convention was in Rhode Island in 1986.
In re D.R.
Ruled statute violated procedural due process because it prevented juvenile court from exercising discretion to terminate juvenile sex offender registrant status into adulthood
State v. Rollinson
Dissent would have ruled trial court’s noncompliance with statutory requirements before allowing defendant to waive his right to trial by jury violated right to a jury trial
