Constitutional Cases
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Constitutional

Supreme Court of Ireland
Uncategorized

O’Donnell v. Dublin City Council — Supreme Court upheld council’s rezoning decision, holding that listing the applicant’s planning agent rather than the applicant itself in a statutory submission list was either adequate compliance or an insubstantial error that did not invalidate the decision

Case Pat O’Donnell and Company v. Dublin City Council Court Supreme Court of Ireland Judge Woulfe (Michael D. Higgins, 2020)

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In re Melson — Murder Conviction Vacated After Prosecution Failed to Correct False Eyewitness Testimony and Defense Counsel Did Not Review Police Interview Transcripts

The Second District Court of Appeal grants habeas corpus and vacates a second-degree murder conviction after finding the prosecution allowed false eyewitness testimony to stand uncorrected — and defense counsel failed to cross-examine the witnesses with their own prior contradictory police statement

Uncategorized

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Block California’s Zero-Emission Appliance Rules

The Ninth Circuit ruled 2-1 that the federal Energy Policy and Conservation Act (EPCA) does not preempt SCAQMD’s Rule 1146.2, which phases out gas-fired water heaters and boilers across Southern California to achieve compliance with federal ozone standards — dealing a major setback to applianc

Court of Appeals of North Carolina
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State v. Wilder — Defendant Who Refuses to Answer § 15A-1242 Inquiry Cannot Establish Knowing Waiver of Counsel

The North Carolina Court of Appeals held that a defendant who clearly invokes the right to self-representation but then refuses to answer any of the trial court’s N.C. Gen. Stat. § 15A-1242 questions cannot establish a knowing, intelligent, and voluntary waiver of counsel, and the trial court therefore did not err in denying the request to proceed pro se.

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