Toxic Religious Liberty in the COVID-19 Era

MARCI A. HAMILTON

Marci A. Hamilton, a professor at the University of Pennsylvania, argues that governors and lawmakers should not be granting religious exemptions to stay-at-home orders imposed due to COVID-19. Hamilton points out that there are two prerequisites for legitimate religious exemptions, and the exemptions granted in twelve states have met neither.

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Meadows v. Mutter

Docket: 18-0418

Opinion Date: April 6, 2020

Judge: Jenkins

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the circuit court denying Petitioner's petition for habeas corpus, holding that Petitioner was not entitled to habeas relief. Petitioner was convicted of second-degree murder, death of a child by a guardian or custodian, and child abuse resulting in injury. The Supreme Court affirmed the convictions and sentences. Petitioner then filed a self-represented petition for writ of habeas court, alleging, primarily, that his counsel provided him with ineffective assistance. The circuit court ultimately denied the habeas corpus petition. The Supreme Court affirmed, holding (1) the circuit court did not err in finding that Defendant failed to show prejudice under the second prong of Strickland/Miller; and (2) there were no errors in the trial court's proceedings that would warrant application of the cumulative doctrine to the facts of this case.

Terrence E. v. Christopher R.

Docket: 18-0832

Opinion Date: April 6, 2020

Judge: Jenkins

Areas of Law: Family Law

The Supreme Court reversed the ruling of the circuit court denying Father's request to terminate the guardianship of Respondents, holding that the circuit court erred by requiring Father to demonstrate a material change of circumstances in order to terminate the existing guardianship. As a result of Mother's incarceration, Guardians, who were Mother's parents, filed a petition to be appointed guardians of the child in this case. The circuit court granted the guardianship. Father subsequently filed a motion to terminate Guardians' guardianship, asserting that a change of circumstances had occurred because Father had shown that he was a fit parent and could provide the proper care and stability for the child. The circuit court denied Father's petition on grounds that Father had not demonstrated a material change of circumstances. The Supreme Court reversed and remanded the case, holding (1) because the circuit court's guardianship order did not sufficiently address the statutory factors required for the appointment of a guardian, the order must be treated as one establishing a temporary guardianship; and (2) the court applied the wrong burden of proof to Father's request to terminate the guardianship.