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The Oregon Supreme Courtruled Friday that all state criminal convictions which resulted from nonunanimous jury verdicts are invalid. The ruling comes after a 2020 US Supreme Courtdecision that held non-unanimous jury verdicts violate the US Constitution’s Sixth Amendment. Justice Thomas A.
“Ban on Non-Unanimous Verdicts Is Not Retroactive, Supreme CourtRules; The 6-to-3 decision, a sequel to a ruling last year, affects thousands of prisoners in Louisiana and Oregon”: Adam Liptak of The New York Times has this report. ” David G. .”
Court of Appeals for the Ninth Circuit handed down a decision in California Restaurant Association v. The court overturned a District Courtruling to invalidate a Berkeley, California, prohibition on natural gas infrastructure in newly-constructed buildings. O n Monday, April 17, 2023, the U.S. City of Berkeley.
The appellate court also found that even if the trial court erred, the error was harmless because the State proved both acts beyond a reasonable doubt. Hawaii CourtRuled that Commercial Aquarium Fishing Required Environmental Review. Environmental Groups Challenged Authorization for New Natural Gas Plant in Oregon.
The Fourth Circuit Court of Appeals ruled that a West Virginia federal district court had erred in concluding that it had jurisdiction to consider the coal company Murray Energy Corporation’s and its affiliates’ lawsuit that sought to compel EPA to conduct evaluations of the Clean Air Act’s employment effects. Klee , Nos.
Minnesota Supreme Court Declined to Review Claims Regarding Environmental Review for Oil Pipeline. The Minnesota Supreme Court denied petitions for further review of an appellate courtdecision finding all but one aspect of the environmental review for the Enbridge Line 3 oil pipeline project to be adequate.
Justice Sotomayor dissented, writing that she believed the Court’s interpretation would allow defendants to “sidestep” the general bar on appellate review by “shoehorning” a civil rights or federal officer removal argument into their case for removal. They seek a courtdecision setting aside government approvals of the power plant.
Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Ninth Circuit declined to remand with instructions for dismissal of the underlying action and also declined to vacate any district courtdecisions. Haaland , No.
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