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Sep 11, 2023

Constitutional – Fetal Heartbeat Anti-Abortion Act – Privacy Right – Reasonable Invasion

In a new version of the Fetal Heartbeat and Protection from Abortion Act (the 2023 Act), our General Assembly has made a policy determination that, at a certain point of pregnancy, a woman’s interest in autonomy and privacy does not outweigh the interest of the unborn child to live. We cannot say as a matter […]

Aug 14, 2023

Constitutional criticism follows police raid on newspaper

MARION, Kan. — A small central Kansas police department is facing a torrent of criticism for raiding a local newspaper’s office and the home of its owner and publisher, seizing computers and cellphones, and, in the publisher’s view, stressing his 98-year-old mother enough to cause her weekend death. Several press freedom watchdogs condemned the Marion […]

Jun 29, 2023

Constitutional – Due Process – Involuntary Commitment – Sexually Violent Predator – First Impression

Petitioner was charged with multiple sexual offenses, but he was incompetent to stand trial. The Sexually Violent Predator Act applies to persons “convicted of a sexually violent offense”; however, the Act defines this phrase to include a person who has “been charged but determined to be incompetent to stand trial for a sexually violent offense.” […]

Jan 19, 2023

Constitutional – Privacy Right – 6-Week Abortion Ban – ‘Informed Choice’

Our state constitutional right to privacy extends to a woman’s decision to have an abortion. The state unquestionably has the authority to limit the right of privacy that protects women from state interference with her decision, but any such limitation must be reasonable and it must be meaningful in that the time frames imposed must […]

Sep 28, 2022

Constitutional – Civil Forfeiture Statutes – Facial Challenge – Due Process & Excessive Fines 

In a civil forfeiture case, the state need only show probable cause to believe the seized property has a substantial connection to criminal activity; then, the burden shifts to a claimant to prove by a preponderance of the evidence that the property was innocently owned. Although the wisdom of this procedure may be questionable, we […]

Oct 23, 2018

Prisons & Jails – Constitutional – First Amendment – No Bivens Claim – Eighth Amendment – Medical Treatment

Although the plaintiff-prisoner contends that he was denied access to telephone and mail to use to contact attorneys and family members to report a crime committed against him by prison officials, and although he contends that he has no alternative remedies available, the court declines to allow plaintiff’s First Amendment claim to proceed under Bivens […]

Aug 23, 2018

Administrative – Hospital CON – Constitutional – Dormant Commerce Clause

While the proper application of Project Review Criteria 16(c), 22 and 23(a) may have the effect of protecting competing providers who already have a presence in the service area, this particular group of providers is not limited to in-state interests. We find nothing in the record showing a discriminatory effect on interstate commerce from the […]

Jun 11, 2018

Administrative – Hospital CON – Constitutional – Dormant Commerce Clause

While the proper application of Project Review Criteria 16(c), 22 and 23(a) may have the effect of protecting competing providers who already have a presence in the service area, this serves the purposes of the Certificate of Need Act to ensure the quality of care in health facilities, “guide the establishment of health facilities and […]

Jun 11, 2018

Criminal Practice – CSC Charge – Constitutional – Confrontation Charge – Similar Acts Evidence – Witness’ Immigration Status

In a criminal sexual conduct with a minor trial, the court admitted the testimony of the purported victim of an uncharged second crime and her mother (Mother 2), who was in the U.S. illegally and who had been granted a U-visa (a visa which allows victims of certain crimes, who have suffered mental or physical […]

May 21, 2018

Civil Rights – Constitutional – Right to Counsel – Municipal Courts

Where plaintiffs allege that defendants’ municipal courts incarcerated the unrepresented indigent plaintiffs, plaintiffs have stated claims under 42 U.S.C. § 1983 for violation of the Sixth Amendment and the Equal Protection Clause. The court denies defendants’ motion to dismiss. Municipal Duty Reed v. Town of Lexington, 902 F.2d 1566 (4th Cir. 1990) (unpublished), which held […]

Apr 27, 2018

Criminal Practice – Constitutional – Miranda Rights – Equivocal Request

A pre-Mirandized question, “Where my lawyer at?”, did not require suppression of defendant’s subsequent comments. We affirm the trial court’s denial of defendant’s motion to suppress. Before a police detective read defendant his Miranda rights, defendant asked, “Where my lawyer at?” After the detective Mirandized defendant, he made several comments, which the trial court declined [&h[...]

Apr 26, 2018

Criminal Practice – Constitutional – Ineffective Assistance Claim – PCR – Guilty Plea – Competence

At his post-conviction relief hearing, respondent claimed he was rendered incompetent by drugs given to him while was in jail; however, respondent offered no evidence as to the specific medications and dosages he was administered at the jail while awaiting trial and during the time period immediately prior to his guilty plea. Moreover, respondent offered […]

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