What’s at Stake in Espinoza v. Montana Department of Revenue? What the Equal Protection Clause Means in the Context of Classifications Based on Religiosity

VIKRAM DAVID AMAR, ALAN E. BROWNSTEIN

Illinois Law dean Vikram David Amar and UC Davis emeritus professor Alan E. Brownstein comment on a case before the U.S. Supreme Court that raises the question whether a religiously neutral student-aid program in Montana that affords students the choice of attending religious schools violates the religion clauses or the Equal Protection Clause of the U.S. Constitution. Amar and Brownstein express no opinion as to whether the courts’ often-expressed concerns about striking down invidiously motivated laws can be effectively overcome, but they contend that jurists who reject invalidating invidiously motivated laws must explain why reasons sufficient in other contexts are not persuasive in this case.

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State v. Mensah

Docket: 19-75

Opinion Date: May 14, 2020

Judge: Paul A. Suttell

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the superior court convicting Defendant of two counts of first-degree child molestation sexual assault and two counts of second-degree child molestation sexual assault, holding that the trial justice did not err by admitting evidence of an uncharged incident and by denying Defendant's motion for a new trial. Specifically, the Supreme Court held (1) Defendant's argument that evidence of a previous encounter Defendant had with the police, which resulted in neither charges against Defendant nor injuries to the victim, was improperly admitted under R.I. Evid. R. 404(b) was waived; and (2) the trial justice did not overlook or misconceive any material evidence and did not clearly err by denying Defendant's motion for a new trial.