Sentences with phrase «trial under the state constitution»

The statute setting a $ 250,000 limit on punitive damages awards violated the right to jury trial under the State Constitution.

Not exact matches

The landmark U.S. Supreme Court decision Gideon v. Wainwright determined it to be an «obvious truth» that criminal defendants can not get a fair trial without a lawyer and mandated all states under the Constitution to provide attorneys for defendants unable to afford their own lawyers.

Kentucky must equalize spending among school districts, revise its tax system, and significantly boost its share of school revenues if it is to fulfill its obligation to children under the state constitution, an advisory committee appointed by a state trial judge has concluded.

Meanwhile, a trial just wrapped up in state court in Hartford in a lawsuit accusing the state of underfunding low - performing neighborhood schools and asking the court to set a standard for educational quality required under the state constitution.

Nelson reminds me of State v. Lessley, the case from a few years ago which addressed whether the state has the power under the Minnesota constitution to veto a defendant's decision to waive a jury tState v. Lessley, the case from a few years ago which addressed whether the state has the power under the Minnesota constitution to veto a defendant's decision to waive a jury tstate has the power under the Minnesota constitution to veto a defendant's decision to waive a jury trial.

Smith has asked a federal district court in Nashville to certify the trial - by - jury question under the state constitution to the Tennessee Supreme Court, which will decide that constitutional law question while the rest of the case remains in federal court.

In Walker v Sauvinet, 92 U.S. 90 (1876), the U.S. Supreme Court held that the right to a jury trial guaranteed under the Seventh Amendment to the Constitution did not apply to states.

The split - recovery statute allocating 60 % of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitustate did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State ConstituState Constitution.

Insurance Department had authority under 40 P. S. § 2000 to adopt this regulation which requires inclusion of an arbitration clause in Uninsured Motorist Coverage; the arbitration requirement did not violate the rights to jury trial under the United States or Pennsylvania Constitutions.