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Supreme Court

Justices send expert witness question back to state court

The Supreme Court on Friday sent the case of an Arizona man convicted of drug possession back to the state courts. Jason Smith argued that when an expert witness testified for the prosecution about drug analysis performed by another forensic scientist, it violated his right under the Sixth Amendment “to be confronted with the witnesses against him.”

In an opinion by Justice Elena Kagan, the court agreed with Smith that the requirements of the Sixth Amendment’s confrontation clause normally … Read the rest

Supreme Court

Challenges to a Washington state legislative district

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

It’s been a blissful, relist-free month since the court’s last conference. The justices will have a whopping 440 petitions and applications before them on Friday. Only two of those – both involving the same underlying controversy – are one-time relists.

Washington’s bipartisan redistricting commission redrew the state’s 49 legislative districts, including Legislative District … Read the rest

Supreme Court

Justices take up abortion case pitting state against federal law

The Supreme Court on Friday afternoon granted a request from Idaho and the state’s Republican-controlled legislature to temporarily put on hold a ruling by a federal district court that would require emergency rooms in the state to provide abortions to pregnant women in an emergency. The justices agreed to weigh in on the question at the center of the dispute: whether the federal law on which the lower court relied trumps an Idaho law that criminalizes most abortions in … Read the rest

Civil Law

Fires at New York Battery Energy Storage System Facilities Ignite State Response

On July 28, 2023, in response to three separate fires at Battery Energy Storage System (“BESS”) locations in New York, Governor Kathy Hochul announced the creation of an inter-agency fire safety working group. The Fire Safety Working Group, to be comprised of the Division of Homeland Security and Emergency Services Office of Fire Prevention and Control, New York State Energy Research and Development Authority (NYSERDA), New York State Department of Environmental Conservation, Department of Public Service, and the Department of … Read the rest

Civil Law

Senators Urge State AGs to Protect Consumers From Cash Homebuying Companies

On June 13, Consumer Financial Protection Bureau (CFPB) Director Rohit Chopra provided the CFPB’s semiannual report to Congress, which included concerns about predatory house-flipping practices by companies like HomeVestors. Afterwards, Senate Subcommittee on Housing, Transportation, and Community Development Chair Tina Smith (D-MN) and Senate Ranking Member Lummis (R-WY) sent a letter to the National Association of Attorneys General (NAAG), requesting a coordinated effort to prevent cash homebuyers from entrapping sellers into unfair contracts.

HomeVestors is accused of targeting and deceiving … Read the rest

Supreme Court

Ohio State asks court to toss lawsuits over sexual abuse by former university physician

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Over a period of 20 years, the late Dr. Richard Strauss sexually abused at least 177 male students in his role as a physician with the Ohio State University’s athletics department and student health center. This week, we highlight cert petitions that ask the court to consider, among other things, … Read the rest

Supreme Court

Justices revive Texas man’s bid to throw out conviction that state prosecutors no longer defend

The Supreme Court on Monday revived efforts by a Texas inmate to throw out his conviction and death sentence in a case in which prosecutors agree that he should get a new trial. The ruling in favor of Areli Escobar came on a list of orders released from the justices’ private conference last week. The justices did not grant any new cases, but they called for the Biden administration’s views in three cases and denied review in over 300 … Read the rest

Supreme Court

What mental state is required for making a prohibited “true threat”?

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

It will be a short installment this week, because at their last conference, the justices disposed of only one relist, and added only one. The court dismissed the appeal in Brooks v. Abbott, involving a Texas state legislative redistricting dispute. Because the court had mandatory appellate jurisdiction over that matter, that likely … Read the rest