7 results for 'cat:"Constitution" AND cat:"Judiciary"'.
Per curiam, the appellate division finds that the lower court improperly ordered the city to disclose all documents directed to judges in which federal or state court decisions are summarized or interpreted. There is no merit to the ACLU's concern that the city is privately instructing judges how to interpret and apply the law, as the judges are not bound by those analyses. Further, the city properly denied the request on the ground of overbreadth, as the ACLU seeks records created over the past 10 years. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 8, 2024, Case #: 00681, Categories: constitution, judiciary
J. Higginson finds the district court improperly denied the landlord's request to have the magistrate referral vacated after a judgment of over $200 million was rendered in favor of the commercial tenant in a longstanding dispute regarding the potential development of an export grain terminal on the tenant's lot. The landlord learned that the judge was longtime family friends with the tenant's lead trial lawyer after the judgment was entered. Both parties consented to the referral, but the asserted facts regarding who knew what and when raise serious doubts about the validity of the harbor's constitutionally essential consent to have its case tried by this judge. Vacated.
Court: 5th Circuit, Judge: Higginson , Filed On: September 21, 2023, Case #: 22-30398, Categories: constitution, judiciary, Property
J. Crichton finds that Article 930.10 of the Code of Criminal Procedure, which allows the judicial branch to exercise the governor's power to pardon a final conviction, is unconstitutional. The statute permits a court to create a “post conviction plea agreement” for the purpose of “amending the petitioner’s conviction,” by overturning a defendant's final conviction, and then, accepting their guilty plea and imposing the agreed upon sentence. Article 930.10 allows a court to overturn a final conviction solely because a defendant and the district attorney jointly requested the court to do so, and this violates the doctrine of separation of powers. In this case, the district court should not have denied the Attorney General’s motion to vacate defendant's post-conviction plea agreement as unconstitutional. Further, the district court's decision overturning defendant’s second degree murder conviction is vacated. Reversed.
Court: Louisiana Supreme Court, Judge: Crichton, Filed On: September 8, 2023, Case #: 2022-KK-01827, Categories: constitution, judiciary, Murder
[Consolidated.] J. Stiglich overrules the medical center’s objection to senior justice assignments in its challenge of the $48 million wrongful death judgment and denies its motion to designate replacements for disqualified justices in accordance with the Nevada Constitution. The medical center claims that only the governor has authority to temporarily replace a disqualified justice on the state supreme court. Under the Nevada Constitution, both the governor and the chief justice may designate temporary substitutes for disqualified justices. The assignments are constitutionally authorized.
Court: Nevada Supreme Court, Judge: Stiglich, Filed On: August 17, 2023, Case #: 79658, Categories: constitution, judiciary
J. Elrod denies the capital murder convict’s application for a certificate of appealability, also finding the district court properly denied his motion to recuse the judge. Convenience store video clearly shows defendant pouring lighter fluid over the 76-year-old clerk, demanding money, receiving it, then lighting her on fire before calmly leaving. Associates of defendant and officer testimony support the court’s finding on defendant’s being a continuing threat and the Supreme Court has held that Texas’ capital punishment scheme regarding acts of violence constituting a continuing threat is not unconstitutionally vague. The Fifth Circuit has often reaffirmed this holding. No reasonable person would find the court’s assessment of the constitutional claims wrong or would doubt its impartiality. Affirmed.
Court: 5th Circuit, Judge: Elrod, Filed On: July 18, 2023, Case #: 22-70005, Categories: constitution, judiciary, Murder
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J. Edmondson finds the district court properly granted the state’s motion to dismiss this action filed by an attorney challenging a $10 “Lengthy Trial Fund” fee, alleging that it is unconstitutional. The relevant statute does not unreasonably create two classes of litigants similarly situated, and the attorney fails to state a claim. Affirmed.
Court: Oklahoma Supreme Court, Judge: Edmondson, Filed On: June 13, 2023, Case #: 120589, Categories: Administrative Law, constitution, judiciary
J. Kernodle grants the motions to dismiss the individuals' suit that challenges the constitutionality of a Texas law concerning vexatious litigants. The individuals, who were declared vexatious litigants, lack standing to sue the accused parties, which include an administrative judge, county district clerk and the Director of Court Administration.
Court: USDC Eastern District of Texas , Judge: Kernodle, Filed On: May 30, 2023, Case #: 6:22cv367, NOS: Constitutionality of State Statutes - Other Suits, Categories: Civil Procedure, constitution, judiciary