Author

Mercedes Yanora

Mercedes Yanora is a staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

New York Court of Appeals issues four opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:25 PM

The New York Court of Appeals issued four opinions from March 20-26. As of March 26, the court issued 17 opinions in 2023 — eight fewer than this point a year ago. Three of four opinions are below:

  • People v. Ba, where the court remitted a case to the appellate court to review whether the defendant’s sentence was unduly harsh or severe. The defendant pleaded guilty to one count of unlicensed general vending. 
  • People v. Baldwin, where the court dismissed an appeal because the issue had become moot. The issue was whether “the Third Department has imposed an erroneous legal standard on criminal defendants seeking a reduction of their sentences in the interest of justice.”
  • Henry v. New Jersey Transit Corp., where the court dismissed an appeal from the New Jersey Transit Corporation (NJT), as NJT failed to preserve its interstate sovereign immunity defense by not bringing it before the trial court.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current acting chief of the court is Anthony Cannataro. The court issued 85 opinions in 2022 and 69 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Florida Supreme Court issues two opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:21 PM

The Florida Supreme Court issued two opinions from March 20-26. As of March 26, the court issued 21 opinions in 2023 — 16 fewer than this point a year ago. The two opinions are below:

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Florida Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Carlos Muñiz. The court issued 108 opinions in 2022 and 115 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Kentucky Supreme Court issues 25 opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:17 PM

The Kentucky Supreme Court issued 25 opinions from March 20-26. As of March 26, the court issued 43 opinions in 2023 — 16 fewer than this point a year ago. Three of 25 opinions are below:

  • Commonwealth v. McMichael, where the court affirmed the appellate court’s reversal of a trial court’s judgment ordering the defendant to pay $62,493 in restitution jointly and severally with his co-defendant after pleading guilty to the theft of pieces of stainless-steel siding from a diner. 
  • Pozo-Illas v. Commonwealth, where the court affirmed the defendant’s conviction of wanton murder and other crimes as well as his sentence of 30 years’ imprisonment. The court held that the defendant was not entitled to relief based on his allegations that the trial court committed errors. 
  • MGG Investment Group LP v. Bemak N.V., Ltd., where the court held that the Food Security Act of 1985 (FSA) was preemptive of Kentucky’s Uniform Commercial Code (UCC). The UCC allowed security interest to remain when farm products passed from seller to buyer. However, under the meaning of the FSA, the court held that thoroughbreds and the right to breed them are farm products whose security interest is extinguished when sold to a buyer.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Kentucky Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Laurance VanMeter. The court issued 167 opinions in 2022 and 225 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Kentucky is a divided government, meaning neither party holds trifecta control.

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Wisconsin Supreme Court issues two opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:13 PM

The Wisconsin Supreme Court issued two opinions from March 20-26. As of March 26, the court issued 17 opinions in 2023 — two more than this point a year ago. The two opinions are below: 

  • Secura Supreme Insurance Co. v. Estate of Huck, where the court “affirmed the decision of the court of appeals affirming the order of the trial court granting judgment to the Estate of Daniel Keith Huck in this insurance dispute, holding that there was no error.”
  • Milwaukee Police Supervisors Organization v. City of Milwaukee, where the court reversed in part a lower court ruling in a case involving disability retirement benefits. The supreme court held that the Milwaukee City Charter, “read alongside the relevant collective bargaining agreement, requires [the Milwaukee Employees’ Retirement System] to include a 5.8 percent pension offset payment in the ‘current annual salary’ used to calculate [duty disability retirement] benefits for beneficiaries hired before October 3, 2011.”

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Wisconsin Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Annette Ziegler. The court issued 68 opinions in 2022 and 79 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Indiana Supreme Court issues two opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:08 PM

The Indiana Supreme Court issued two opinions from March 20-26. As of March 26, the court issued 13 opinions in 2023 — eight fewer than this point a year ago. The two opinions are below:

  • Decker v. Star Financial Group Inc., where the court “reversed the judgment of the trial court granting a motion to compel arbitration brought by Defendant Star Financial Group, Inc. in this class-action complaint alleging that Defendant collected improper overdraft fees, holding that Plaintiffs’ account agreement did not allow Defendant to add an addendum to the terms and conditions of the account agreement.”
  • Conroad Associates, L.P. v. Castleton Corner Owners Ass’n, where the court applied Appellate Rule 8 and held that the trial court lacked jurisdiction to issue two orders because each interfered with the subject matter of a pending appeal.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Indiana Supreme Court is the state’s court of last resort and has five judgeships. The current chief of the court is Loretta H. Rush. The court issued 44 opinions in 2022 and 50 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Indiana is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Iowa Supreme Court issues two opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 7:02 PM

The Iowa Supreme Court issued two opinions from March 20-26. As of March 26, the court issued 26 opinions in 2023 — five fewer than this point a year ago. The two opinions are below:

  • LS Power Midcontinent, LLC v. State, where the court reversed the district court’s dismissal of a suit brought by electric transmission companies against the Iowa Utilities Board. The supreme court reversed the district court’s ruling that “qualified would-be competitors in the electric transmission market lacked standing to challenge new legislation that [blocked] them from bidding against existing Iowa operators on future projects.”
  • State v. Mong, where the court affirmed the defendant’s convictions for attempted murder, willful injury causing bodily injury, and going armed with intent, while vacating the conviction and sentence for the charge of intimidation with a dangerous weapon.

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Iowa Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Susan Christensen. The court issued 110 opinions in 2022 and 112 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Iowa is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Texas Supreme Court issues three opinions from March 20-26

By Mercedes Yanora
In State
March 30, 2023 at 6:57 PM

The Texas Supreme Court issued three opinions from March 20-26. As of March 26, the court issued 24 opinions in 2023 — 10 fewer than this point a year ago. The three opinions are below:

  • Austin Trust Co. v. Houren (Opinion), where the court affirmed the lower courts’ rulings rendering summary judgment for the estate’s executor. The case involved the “scope and validity of liability releases in a family settlement agreement relating to the administration of a decedent’s estate.”
  • Fraley v. Tex. A&M University System (Opinion), where the court affirmed the appellate court’s decision to dismiss a case where a driver sued Texas A&M University System for injuries sustained while in a car accident on campus.
  • MSW Corpus Christi Landfill, Ltd. v. Gulley-Hurst, LLC (Per Curiam), where the court heard a case concerning the “correct calculation of damages when (1) a buyer breaches a real estate contract (2) after the seller has fully performed, and (3) the value of the property at the time of the breach exceeds the contract price.” The court granted “the petitions for review, [affirmed] the portion of the court of appeals’ judgment affirming the [judgment notwithstanding the verdict] as to the benefit of the bargain damages, [reversed] the portion of the judgment affirming the award of lost opportunity cost damages, and [rendered] a take-nothing judgment as to those damages.”

From March 20-26, state supreme courts issued 125 opinions nationally. The Kentucky Supreme Court issued the most with 25. State supreme courts in 22 states issued the fewest with zero. Courts where judges are elected have issued 78 opinions, while courts whose members are appointed have issued 47.

The Texas Court of Criminal Appeals and the Texas Supreme Court are the state’s courts of last resort. The former is the state’s court of last resort for criminal matters, while the latter is the state’s court of last resort for civil matters; both have nine judgeships. Sharon Keller and Nathan Hecht are the current chiefs of the criminal and supreme courts, respectively. Combined, the courts issued 413 opinions in 2022 and 536 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 1,491 opinions in 2023. Courts where judges are elected have issued 807 opinions, while courts whose members are appointed have issued 684. Texas is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature. 

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Election legislation roundup: North Carolina State Senate

By Mercedes Yanora
In State
March 30, 2023 at 6:52 PM

As of March 26, Ballotpedia has tracked seven election-related bills in the North Carolina State Senate since the beginning of the year. Of the seven, Ballotpedia tracked one from March 20-26. Democrats sponsored the bill. The bill is:

  • NC S349: Whiz Kids/Slow Pokes Voter Registration, Sens. Dan Blue (D), Paul Lowe (D), Natasha Marcus (D), Graig Meyer (D), Natalie Murdock (D), and Kandie Smith (D).
    • A summary has not been provided yet.

During the week of March 20-26, Ballotpedia tracked 50 Senate election-related bills nationally. As of March 26, Ballotpedia has tracked 770 Senate bills nationally. Ballotpedia tracked the most Senate bills this year in the New York State Senate with 125, while Ballotpedia tracked the fewest Senate bills in Louisiana and Massachusetts with zero. Republicans sponsored 367 of these bills, while Democrats sponsored 311. Minor party sponsorship and bills with no sponsors accounted for 67 bills, while bipartisan legislators sponsored 25. 

As of March 26, Ballotpedia has tracked 382 Senate bills in Democratic trifectas and 301 Senate bills in Republican trifectas. A trifecta is when one political party holds the governorship and majorities in both chambers of the state legislature. Ballotpedia has tracked 87 Senate bills in states where neither party holds trifecta control.

The North Carolina Senate is scheduled to be in session from Jan. 11 to Aug. 31 this year. In 2022, Ballotpedia tracked eight Senate bills related to election administration. Two of these bills passed both chambers and one was enacted into law. North Carolina is a divided government, meaning neither party holds trifecta control.

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Governor Tony Evers (D) issues one executive order from March 20-26

By Mercedes Yanora
In State
March 29, 2023 at 10:05 PM

Wisconsin Gov. Tony Evers (D) issued one executive order from March 20-26. As of March 26, Evers has issued eight executive orders in 2023 — one fewer than he did at this point a year ago. The order is:

  • Executive Order #189, where the governor ordered flags flown at half-staff as a mark of respect for Army Private First Class William LaVerne Simon.

Governors use executive orders to manage executive branch operations. During the week of March 20-26, the nation’s governors issued 20 executive orders. Florida Gov. Ron DeSantis (R) issued the most with six. Governors in 38 states issued the fewest with zero. Democratic governors issued five of the 20 orders, while Republican governors issued 15.

Evers has served as governor since Jan. 7, 2019. He issued 31 executive orders in 2022 and 49 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 369 executive orders in 2023. Republican governors issued 229, while Democratic governors issued 140. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Governor Ron DeSantis (R) issues six executive orders from March 20-26

By Mercedes Yanora
In State
March 29, 2023 at 10:01 PM

Florida Gov. Ron DeSantis (R) issued six executive orders from March 20-26. As of March 26, DeSantis has issued 64 executive orders in 2023 — 11 fewer than he did at this point a year ago. Three of the orders are below:

  • Executive Order Number 23-64, where the governor assigned John Durrett as state attorney for the case involving James Dillon Crews in the Eighth Judicial Circuit of Florida.
  • Executive Order Number 23-60, where the governor renewed the Hurricane Ian state of emergency for 60 days.
  • Executive Order Number 23-59, where the governor amended provisions regarding appointment and membership in Executive Order 12-23, which extended the authorization of the State Emergency Response Commission for Hazardous Material.

Governors use executive orders to manage executive branch operations. During the week of March 20-26, the nation’s governors issued 20 executive orders. DeSantis issued the most with six. Governors in 38 states issued the fewest with zero. Democratic governors issued five of the 20 orders, while Republican governors issued 15.

DeSantis has served as governor since Jan. 8, 2019. He issued 272 executive orders in 2022 and 246 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 369 executive orders in 2023. Republican governors issued 229, while Democratic governors issued 140. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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