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.

Read More

Diaz v. Commissioner of Correction

Docket: SC20233

Opinion Date: April 7, 2020

Judge: Richard N. Palmer

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court reversed the judgment of the Appellate Court affirming the judgment of the habeas court denying Petitioner's amended petition for a writ of habeas corpus, holding that the Appellate Court improperly raised and decided the unpreserved issue of waiver without first providing the parties with an opportunity to be heard on that issue. Petitioner pled guilty under the Alford doctrine to one count of home invasion. Thereafter, Petitioner commenced this habeas action alleging that his trial counsel had provided ineffective assistance by failing to file a motion to discuss the home invasion charge. The habeas court denied the petition. The Appellate Court affirmed on an alternative ground, concluding that Petitioner waived his ineffective assistance claim by virtue of the entry and acceptance of his Alford plea. The Supreme Court reversed and remanded the case, holding that because the parties were not provided an opportunity to be heard on waiver it was improper for the Appellate Court to raise and decide that issue.