Category: Constitutional Law

United States Supreme Court Reverses and Remands Case of Alleged Racial Bias

–by Taylor J. Hoy Citation: Pena Rodriguez v. Colorado, 580 U.S. ____ (2017); Pena-Rodriguez v. People, 350 P.3d 287 (Colo. 2015). Abstract: Pena-Rodriguez examines Colorado’s interpretation of Colorado Rule of Evidence (“CRE”) 606(b) as it applies to affidavits that claim

Posted in Civil Rights, Constitutional Law, Legal Pulse

U.S. Supreme Court Limits Police Officer Liability

–by Kim Newton Sources: White v. Pauly, 137 S. Ct. 548 (2017); U.S. Const. amend. IV Abstract: On January 9, 2017 the Supreme Court unanimously held that an officer’s failure to shout a warning before firing a gunshot in an

Posted in Constitutional Law, Criminal Law, Legal Pulse

New York Court of Appeals Holds That Skin Color Is a Cognizable Class Under Batson Analysis

–by Robert Carpenter Citation: People v. Bridgeforth, 2016 N.Y. Lexis 3859 (Dec. 22, 2016) (internal citations omitted). Abstract: In a matter of first impression, the New York Court of Appeals held that skin color was a cognizable class for Batson

Posted in Constitutional Law, Criminal Law, Legal Pulse, Trial Practice

California Egg Production Laws Survive Lawsuit

–by Caitlin Lomazzo Citations: Mo. ex rel. Koster v. Harris, 2016 U.S. App. LEXIS 20613 (2016); Mo. v. Harris, 2014 U.S. Dist. LEXIS 89716 (2014); Cal Health & Saf Code § 25990; 3 CCR 1350 § 1350(a–d). Abstract: On October 19, 2016,

Posted in Administrative Law, Civil Practice, Constitutional Law, Legal Pulse

Fourth Amendment Further Whittled Away by Utah v. Strieff

–by Jordan Charnetsky Source: Utah v. Strieff, 136 S. Ct. 2056 (2016); Brown v. Illinois, 422 U.S. 590 (1975). Abstract: On June 20, 2016, the United States Supreme Court ruled that evidence obtained after an unlawful stop was admissible where,

Posted in Constitutional Law, Criminal Law, Legal Pulse

Ohio Governor Vetoes Heartbeat Bill, But Passes Ban on Abortions After Twenty Weeks

–by Bri Szopinski Citations: Sheryl Gay Stolberg, John Kasich Signs One Abortion Bill in Ohio but Vetoes a More Restrictive Measure, N.Y. Times (Dec. 13, 2016), Emanuella Grinberg, Ohio Governor Bans Abortions After 20 Weeks While Vetoing “Heartbeat” Bill, CNN

Posted in Constitutional Law, Health Law, Legal Pulse

New York Court of Appeals Holds Denial of Coordination Test Due to Language Barrier Not a Violation of Equal Protection and Due Process Rights

–by Sofia Rezvani Citation: People v. Aviles, 2016 N.Y. LEXIS 3573 (Nov. 22, 2016). Abstract: The NYPD does not administer coordination tests when a language barrier prevents an officer from communicating the test instructions to a non-English speaking suspect. Defendant Aviles

Posted in Constitutional Law, Criminal Law, Legal Pulse

Pennsylvania Judge Rules Senator Cruz Is Eligible To Be President

—by Philip A. Perez Elliott v. Cruz, 134 A.3d 51 (Pa. 2016). Abstract: On March 10, 2016, Senior Judge Dan Pellegrini authored an opinion for the Commonwealth Court of Pennsylvania that decided the Constitutional issue on the merits of whether

Posted in Constitutional Law, Election Law, Legal Pulse

In Jail? Be Careful What You Say on the Phone, It May be Used Against You in Court

—by D.J. Nugent People v. Johnson, No. 37, 2016 N.Y. LEXIS 752 (N.Y. Apr. 5, 2016). Abstract: The Court of Appeals upheld a New York City regulation that permits prisons, such as Rikers Island, to monitor and record inmates’ non-privileged

Posted in Constitutional Law, Criminal Law, Evidence, Legal Pulse

Second Amendment Precedence Developing Through SAFE Act Litigation

— by William Woodworth Recently, two courts considered the constitutionality of New York’s SAFE Act. Both courts assessed whether the regulation burdens a second amendment right, and whether the regulation survives appropriate scrutiny. Here, the courts found the second amendment’s

Posted in Constitutional Law, Legal Pulse, Second Circuit