CategoryState news 2023

North Carolina Supreme Court issues nine opinions from April 24-30

The North Carolina Supreme Court issued nine opinions from April 24-30. As of April 30, the court issued 17 opinions in 2023 — 27 fewer than this point a year ago. Three of the nine opinions are below:

  • Harper v. Hall, where the court “held that partisan gerrymandering claims present a political question that is nonjusticiable under the North Carolina Constitution, thus overruling the Court’s decision in Harper I and affirming the court of appeals’ decision dismissing all of Plaintiffs’ claims with prejudice.”
  • Duke Energy Carolinas, LLC v. Kiser, where the court “reversed the decision of the court of appeals reversing an order of the superior court, holding that the easement’s plain language was clear and unambiguous and that Duke’s actions were encompassed with the easement’s broad grant of authority.”
  • State v. Flow, where the court “held that, within the particular facts and overall context of this criminal case, the trial court did not violate either the United States Constitution or the North Carolina General Statutes by declining to conduct further inquiry into Defendant’s capacity to proceed following his apparent suicide attempt on the morning of the sixth day of trial.”

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

The Supreme Court of North Carolina is the state’s court of last resort and has seven judgeships. The current chief of the court is Paul Martin Newby. The court issued 145 opinions in 2022 and 167 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021.  The courts have issued 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. North Carolina is a divided government, meaning neither party holds trifecta control.

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New York Court of Appeals issues six opinions from April 24-30

The New York Court of Appeals issued six opinions from April 24-30. As of April 30, the court issued 26 opinions in 2023 — 10 fewer than this point a year ago. Three of the six opinions are below:

  • Singh v. City of New York, where the court “affirmed the judgment of the Appellate Division dismissing Plaintiffs’ claims that Taxi and Limousine Commission and New York City breached the implied covenant of good faith and fair dealing and engaged in deceptive business practices under N.Y. Gen. Bus. Law 349, holding that Plaintiffs failed to state a claim.”
  • TCR Sports Broadcasting Holding, LLP v. WN Partner, LLC, where the court “affirmed as modified the judgment of the court of appeals…holding (1) the courts below correctly confirmed the second arbitration award; and (2) the order must be modified because Supreme Court erred by awarding prejudgment interest and rendering a money judgment.”
  • Anderson v. Commack Fire District, where the court “held that N.Y. Gen. Mun. Law 205-b does not authorize a claim against a fire district for the negligence of a volunteer firefighter when the firefighter’s actions are otherwise privileged and subject to a heightened recklessness standard under N.Y. Veh. & Traf. Law 1104.”

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

The State of New York Court of Appeals is the state’s court of last resort and has seven judgeships. The current chief of the court is Rowan Wilson. 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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Texas Court of Criminal Appeals and Texas Supreme Court issue 12 opinions from April 24-30

The Texas Court of Criminal Appeals issued seven opinions from April 24-30. The Texas Supreme Court issued five opinions from April 24-30. Both courts are the state’s courts of last resort. As of April 30, the court of criminal appeals issued 125 opinions in 2023 — 31 more than this point a year ago. The supreme court issued 46 opinions as of April 30, 2023 — five fewer than this point a year ago. Three of the 12 opinions are below: 

  • Massey v. Texas, where the court reversed the appeals court and upheld a trial court’s decision that denied a defendant’s motion to suppress the discovery of methamphetamine found by an officer after the defendant was tased and handcuffed when he forcefully resisted an investigative pat-down search. 
  • DAY, TYRONE Appeal from Criminal District Court 5 of Dallas County, where the court agreed with the state of Texas and the trial court that the defendant is “entitled to relief based on scientific evidence not available at the time of his initial plea and that his plea was involuntary.” 
  • Apache Corp. Apollo Exploration, LLC, where the court “reversed the judgment of the court of appeals in this contract dispute, holding that the court of appeals erred by failing to apply a common-law default rule to the parties’ dispute involving the sale of working interests in 109 oil-and-gas leases.” 

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Texas is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature. 

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Iowa Supreme Court issues three opinions from April 24-30

The Iowa Supreme Court issued three opinions from April 24-30. As of April 30, the court issued 47 opinions in 2023 — three fewer than this point a year ago. The three opinions are below: 

  • Environmental Law & Policy Center v. Iowa Utilities Bd., where the court “reversed the judgment of the district court denying Appellant’s petition for judicial review of an order of the Iowa Utilities Board…holding that the Board erred in failing to consider certain intervenors’ evidence in determining whether the ‘Emissions Plan and Budget’ (EPB) met the statutory requirements.” 
  • In re Medical Assistance Pooled Special Needs Trust Of Scott Hewitt, where the court “affirmed the judgment of the district court” and dismissed the “action brought by the Iowa Department of Human Services (DHS) claiming it was entitled to a detailed accounting, holding that the trustee provided an adequate accounting.” 
  • In re Medical Assistance Pooled Special Needs Trust of Steven Muller, where the court “reversed the judgment of the district court…holding that the Center provided an adequate accounting, and therefore, the district court lacked authority to grant the relief it provided to remedy the Center’s alleged failure to account for the retained funds.” 

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Iowa is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Florida Supreme Court issues three opinions from April 24-30

The Florida Supreme Court issued three opinions from April 24-30. As of April 30, the court issued 31 opinions in 2023 — 14 fewer than this point a year ago. The three opinions are below: 

  • Barwick v. State, where the court “affirmed the denial of Defendant’s postconviction motion, as well as the circuit court’s orders sustaining Appellant’s objections to public records requests and denying a stay of execution, holding that Appellant was not entitled to relief.” 
  • In Re: Amendments to Florida Rule of Civil Procedure 1.530 and Florida Family Law Rule of Procedure 12.530, where the court amended the Florida Rules of Civil Procedure and Florida Family Law Rules of Procedure. 
  • In Re: Amendments to the Florida Rules of Traffic Court, where the court amended “Florida Rules of Traffic Court 6.040, 6.130, 6.455, and 6.490 as proposed” including clarifying “that ‘open court’ proceedings may be ‘virtual or physical'”, requiring “that multiple citations arising out of the same incident be heard together unless there is a request to have the citations heard separately”, and enlarging “the timeframe during which an official may reduce a legal penalty from 60 days to 180 days.” 

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.  

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Colorado Supreme Court issues four opinions from April 24-30

Photo of Colorado State Supreme Court building

The Colorado Supreme Court issued four opinions from April 24-30. As of April 30, the court issued 20 opinions in 2023 — one fewer than this point a year ago. Three of the four opinions are below: 

  • Colorado v. Platteel, where the court held “that defense counsel may not call to the witness stand an unsubpoenaed victim who happens to be in attendance at a preliminary hearing.” 
  • Colorado in the interest of: A.T.C., where the court concluded that “a magistrate’s finding of competency pursuant to section 19-1-108(3)(a.5), C.R.S. (2022), was subject to review in the juvenile court under section 19-1-108(5.5).” 
  • US Bank, N.A. v. Silvernagel, et al., where the court “reversed the judgment of the court of appeals: when there is no evidence that the lender accelerated payment on the mortgage agreement, a claim for any future payment doesn’t accrue until that payment is missed under the agreement’s original terms.” 

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

The Colorado Supreme Court is the state’s court of last resort and has seven judgeships. The current chief of the court is Brian Boatright. The court issued 61 opinions in 2022 and 59 in 2021. Nationally, state supreme courts issued 7,423 opinions in 2022 and 8,320 in 2021. The courts have issued 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Colorado is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Wisconsin Supreme Court issues three opinions from April 24-30

The Wisconsin Supreme Court issued three opinions from April 24-30. As of April 30, the court issued 28 opinions in 2023 — eight more than this point a year ago. The three opinions are below:

  • Office of Lawyer Regulation v. Kevin R. Rosin, where the court suspended the law license of Kevin Rosin for one year effective on May 25, 2023.
  • Green Bay Professional Police Ass’n v. City of Green Bay, where the court “affirmed the judgment of the arbitrator concluding that the Green Bay Police Department had cause to discipline Andrew Weiss for violating several policies of the Green Bay Police Department and demoted him from his position as a detective to a patrol officer, holding that the arbitrator did not exceed his powers.”
  • Neil J. Rennick v. Teleflex Medical Incorporated, where the court affirmed the decision of the Court of Appeals reinstating the plaintiff’s complaint against Teleflex Medical Incorporated and remanded the case to the Circuit Court for Milwaukee County for further proceedings.

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Wisconsin is a divided government, meaning neither party holds trifecta control.

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Kentucky Supreme Court issues 19 opinions from April 24-30

The Kentucky Supreme Court issued 19 opinions from April 24-30. As of April 30, the court issued 62 opinions in 2023 — 14 fewer than this point a year ago. Three of the 19 opinions are below:

  • Friends of Louisville Public Art, LLC v. Louisville/Jefferson County Metro Historic Landmarks & Preservation Districts Comm’n, where the court “reversed the judgments of the court of appeals and circuit court affirming the decision of the Louisville/Jefferson County Metro Historic Landmarks & Preservation Districts Commission to approve the application…to remove a certain statue, holding that the lower courts erred.”
  • City of Pikevill v. Ky. Concealed Carry Coalition, Inc., where the court “reversed the decision of the court of appeals reversing a summary judgment granted by the circuit court dismissing the claims brought by Kentucky Concealed Carry Coalition (KC3)…holding that KC3 lacked standing to bring this action.”
  • Leavell v. Commonwealth, where the court “affirmed the judgment of the circuit court convicting Defendant of one count each of murder, receiving stolen property – firearm, and tampering with physical evidence, holding that Appellant was not entitled to relief on her claims of error.”

From April 24-30, state supreme courts issued 172 opinions nationally. The West Virginia Supreme Court issued the most with 36. State supreme courts in 14 states issued the fewest with zero. Courts where judges are elected have issued 109 opinions, while courts whose members are appointed have issued 63.

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 2,201 opinions in 2023. Courts where judges are elected have issued 1,224 opinions, while courts whose members are appointed have issued 977. Kentucky is a divided government, meaning neither party holds trifecta control. 

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Texas Court of Criminal Appeals and Texas Supreme Court issue 24 opinions from April 17-23

The Texas Court of Criminal Appeals issued 17 opinions from April 17-23. The Texas Supreme Court issued seven opinions from April 17-23. Both courts are the state’s courts of last resort. As of April 23, the court of criminal appeals issued 118 opinions in 2023 — 31 more than this point a year ago. The supreme court issued 41 opinions as of April 23, 2023 — nine fewer than this point a year ago. Three of the 24 opinions are below: 

  • Texas v. Torres, where the court concluded that a defendant’s earlier statements to a magistrate judge were inadmissible since the “magistrate did not ultimately make a determination whether the statements were given voluntarily.”
  • Chavez v. Texas, where the court overturned an appeals court ruling granting a defendant a new trial and held that he was not entitled to have the jury receive instructions regarding lesser charges. The court thus upheld the trial court’s conviction of the defendant on capital murder charges.
  • Hotze v. Turner, where the court “reversed the decision of the court of appeals affirming the judgment of the trial court ruling that one of two proposed amendments to the City of Houston’s charter approved by voters restricted the effectiveness of the other ballot measure, holding that on(e) amendment included a ‘primary clause’ that was void because it conflicted with state law.”

From April 17-23, state supreme courts issued 143 opinions nationally. The Pennsylvania Supreme Court issued the most with 20. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 83 opinions, while courts whose members are appointed have issued 60.

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 2,027 opinions in 2023. Courts where judges are elected have issued 1,113 opinions, while courts whose members are appointed have issued 914. Texas is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature. 

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Iowa Supreme Court issues four opinions from April 17-23

The Iowa Supreme Court issued four opinions from April 17-23. As of April 23, the court issued 44 opinions in 2023 — four fewer than this point a year ago. Three of the four opinions are below: 

  • State v. Booker, where the court “affirmed the judgment of the district court convicting Defendant of sexual abuse in the third degree, holding that Defendant was not entitled to reversal of his convictions on his allegations of error.”
  • State v. Iowa District Court for Woodbury County, where the court “vacated Defendant’s sentence and remanded this case for resentencing…holding that the district court’s fine-only sentence was illegal.”
  • Pitz v. U.S. Cellular Operating Co. of Dubuque, where the court “affirmed the judgment of the district court and the court of appeals in favor of a cell phone service company and dismissing this action brought by property owners, holding that there was no error.”

From April 17-23, state supreme courts issued 143 opinions nationally. The Pennsylvania Supreme Court issued the most with 20. State supreme courts in 15 states issued the fewest with zero. Courts where judges are elected have issued 83 opinions, while courts whose members are appointed have issued 60.

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 2,027 opinions in 2023. Courts where judges are elected have issued 1,113 opinions, while courts whose members are appointed have issued 914. Iowa is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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