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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.
State Department of Education & Early Development v. Alexander
Held that statutes permitting local school districts to operate correspondence study programs as alternative to traditional schooling and authorizing allotments of public funds to purchase nonsectarian educational services and materials did not facially violate state constitutional prohibition on using public funds for the direct benefit of religious or private educational institutions
State v. Cohee
Held that the state was entitled to a writ of prohibition to effectively compel a lower court judge to impose a recidivist life sentence, finding that the state’s pursuit of such a sentence did not violate equal protection and the imposition of such sentence for fleeing from a law enforcement officer with reckless indifference would not violate proportionality clause of state constitution
Fremin v. Boyd Racing, LLC
Ruled that statutory amendments that incorporated historical horse racing as a form of authorized pari-mutuel wagering on horse racing without requiring prior local voter approval were unconstitutional under Article XII, section 6(C) of the Louisiana Constitution
Welch v. United Medical Healthwest-New Orleans
Held that the Louisiana Health Emergency Powers Act's (LHEPA) immunity provision did not violate state constitution's access to courts and adequate remedy provision, due process provisions, nor its prohibition of special laws
Happel v. Board of Education
Held that the law of the land clause of the North Carolina Constitution protects both a parent's right to control her child's upbringing and the right to bodily integrity
Commons of Lake Houston v. City of Houston
Held that a floodplain regulation can effect a regulatory “taking” under the State Constitution even when the regulation is intended to promote compliance with the federal flood-insurance program
State v. Maestas
Held that only fees collected, not fines imposed, by the judicial department are subject to the limitations of Article VI, Section 30 of the New Mexico Constitution and a punitive contempt fee payable to a third party did not violate the provision
In re Doe
Held that the state Board of Medicine did not violate a physician's due process rights when it temporarily suspended his license after finding, ex parte at a regularly scheduled hearing, that there were sufficient facts to prove that he posed an imminent danger to life or health
