Cases

EATON, J. ¶ 1. In this civil rights action against the State of Vermont, plaintiff seeks declaratory relief and money damages for alleged violations of Article 11 of the Vermont Constitution arising from the stop, seizure, and search of his vehicle. The civil division of the superior court granted summary judgment to the State, concluding that although damages may be obtained in an im

E. GRADY JOLLY, Circuit Judge: We have an appeal by the State and a cross-appeal by the petitioner in this death penalty case, which arises from the state courts of Mississippi. We should first note that the appellant, Carl Daniel Lockett, killed two persons, Mr. Calhoun (Case # 1), and his wife, Mrs. Calhoun (Case # 2), for which he was separately tried, separately convicted, and

MEMORANDUM AND ORDER JOHN GLEESON, United States District Judge: On June 23, 2015, Jane Doe moved to expunge a now thirteen-year-old fraud conviction due to its adverse impact on her ability to work. The conviction has proven troublesome for Doe because it appears in the government’s databases and in the New York City Professional Discipline Summaries. In other words, the conviction is visible to a prospe

NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. 2019 VT 1

APPEL, Justice (concurring specially). I join the court’s opinion in this very sensitive area of state constitutional law involving a traffic stop and a subsequent search.6 I write separately to explore some of the issues raised in the dissent. *18First, I briefly review the merits of the court’s opinion r

252 P.3d 1229 (2011) STATE of Hawai`i, Respondent and Petitioner/Plaintiff-Appellee, v. Jenaro TORRES, Petitioner and Respondent/Defendant-Appellant. No. 28583. Supreme Court of Hawai`i. April 15, 2011. As Amended April 19, 2011. Cynthia A. Kagiwada, for petitioner and respondent/defendant-appellant. *1230

MINER, Circuit Judge. These appeals arise from the January 9, 1995 gang-related murder of Galiat Santiago. Instead of being tried in New York State Supreme Court for violating the New York Penal Law, defendants-appellants Joanna Pimentel and George Viruet (collectively, the “Defendants”) were tried by a jury and convicted in the United States District Court for the Eastern Distr

849 N.E.2d 488 (2006) John CANTRELL, Appellant (Plaintiff below), v. Sonya A. MORRIS, Appellee (Defendant below). No. 94S00-0505-CQ-243. Supreme Court of Indiana. June 21, 2006. *490 Adrian P. Smith, David S. Gladish, Highland, IN, Attorneys for Appellant. Michael K. Sutherlin, Nicholas D. Conway, Indianapolis, IN, Attorne

Opinion of the Court by LEVINSON, J. The defendant-appellant Frances E. Vi-glielmo appeals from the judgment and sentence of the district court of the first circuit, the Honorable Barbara P. Richardson presiding, filed on October 9, 2003,1 convicting her of and sentencing her for the offense of trespass in the second degree, in violation of Hawaii Revised Statutes (HRS) § 708-814

APPEL, Justice (specially concurring). I join in the majority opinion, but write to review the foundations of the well-established Iowa law that we jealously reserve our right to construe our state constitution independently of decisions of the United States Supreme Court interpreting parallel provisions of the Federal Constitution. I. Historic Role of State Constitutions.

OPINION BY Judge COHN JUBELIRER. The City of Philadelphia (City) has filed an interlocutory appeal by permission from the order entered January 30, 2004, by the Court of Common Pleas of Philadelphia County, denying the City’s Motion for Summary Judgment. Addressing a “constitutional issue of first impression” in a well-researched and thoughtful opinion, the trial court determined that Thomas Jones (Jones)

IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE WAUNYE CALM, BRANDON GATEWOOD, ISAIAH HARBER, JYAIRE HENRY, DEWITT JOHNSON, ZAKEE LLOYD, DENNIS WILLIAMS, and DEVON YOUNG, Plaintiffs, v. C.A. No. 2026-0576-JTL TERRA TAYLOR, in her official capacity as Commissioner of the Delaware Department of Correction, Defendant. OPINION ADDRESSING THRESHOLD ISSUES Date Submitted: June

APPEL, Justice. In this case, we are called upon to determine whether the equal protection and due process provisions of the Iowa Constitution provide a direct action for damages in the context of an employment dispute between an Iowa Workers’ Compensation Commissioner and various state officials, including the Governor, the Lieutenant Governor, the Governor’s chief of staff, the Governor’s legal counsel, the Governor’s comm

IN THE SUPREME COURT OF IOWA No. 12–1150 Filed July 18, 2014 STATE OF IOWA, Appellee, vs. JUSTIN DEAN SHORT, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Plymouth County, James D. Scott (suppression), and Jeffrey A. Neary (trial), Judges. A criminal defendant seeks further review of a court of appeals decision affirming a di

OPINION GOLDBERG, Justice. In 1983 the Rhode Island General Assembly enacted the Victim’s Bill of Rights, codi-fled in G.L.1956 chapter 28 of title 12. Three years later, the delegates to the 1986 Constitutional Convention ratified article 1, section 23, entitled “Rights of victims of crime,” as an amendment to Rhode Island’s Constitution. It is significant that neither the legislation nor the amendment p

IN THE SUPREME COURT OF IOWA No. 13–1915 Filed June 30, 2015 Amended September 14, 2015 STATE OF IOWA, Appellee, vs. JESSE MICHAEL GASKINS, Appellant. Appeal from the Iowa District Court for Scott County, Henry W. Latham II (motion to suppress), and John D. Telleen, Judges. A criminal defendant appeals his convictions for possession of marijuana with intent to delive

IN THE SUPREME COURT OF IOWA No. 12–1150 Filed July 18, 2014 Amended October 15, 2014 STATE OF IOWA, Appellee, vs. JUSTIN DEAN SHORT, Appellant. On review from the Iowa Court of Appeals. Appeal from the Iowa District Court for Plymouth County, James D. Scott (suppression), and Jeffrey A. Neary (trial), Judges. A criminal defendant seeks further review

65 F.Supp.2d 431 (1999) Isabel G. ANDRADE, et al., Plaintiffs, v. Phillip J. CHOJNACKI, et al., Defendants. Civil Nos. W-96-CA-139 to W-96-CA-147, W-96-CA-373. United States District Court, W.D. Texas, Waco Division. July 1, 1999. *432 *433 *434 <

IN THE SUPREME COURT OF IOWA No. 15–0695 Filed June 30, 2017 Amended September 26, 2017 CHRISTOPHER J. GODFREY, Appellant, vs. STATE OF IOWA; TERRY BRANSTAD, Governor of the State of Iowa, Individually and in his Official Capacity; KIMBERLY REYNOLDS, Lieutenant Governor of the State of Iowa, Individually and in her Official Capacity; JEFFREY BOEYINK, Chief of Staff to the Governor of the

IN THE SUPREME COURT OF IOWA No. 15–0695 Filed June 30, 2017 CHRISTOPHER J. GODFREY, Appellant, vs. STATE OF IOWA; TERRY BRANSTAD, Governor of the State of Iowa, Individually and in his Official Capacity; KIMBERLY REYNOLDS, Lieutenant Governor of the State of Iowa, Individually and in her Official Capacity; JEFFREY BOEYINK, Chief of Staff to the Governor of the State of Iowa, Individually and in his Official