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NECEC Transmission LLC v. Bureau of Parks & Lands
Ruled legislation retroactively applied to construction project violates due process if developer had acquired constitutionally protected vested rights to proceed with project
Lyons v. Secretary of the Commonwealth
Ruled legislature’s power to expand early voting options was not limited by constitution’s absentee ballot provision, rejected free speech and secret ballot claims
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
Stephen Henderson
Stephen Henderson is the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma.
Malvo v. State
Dissent would have ruled a juvenile sentence of life without parole is constitutional and state prohibition against of cruel or unusual punishment provides no greater protection than the Eighth Amendment
Anderson v. State
Ruled courts may exercise constitutional jurisdiction over habeas petitions notwithstanding statute’s requirement to exhaust administrative remedies of New Mexico Corrections Dept.
Under the Rainbow Early Education Center v. County of Goodhue
Ruled early childhood education center is a tax-exempt seminary of learning under the constitution
Spiegel v. Board of Education of Howard County
Held rules for qualification and selection of student member to county board of education do not violate Maryland Constitution’s election requirements and Declaration of Rights
McLinko v. Commonwealth
Ruled that the assembly did not violate the state constitution when it enacted legislation allowing for universal mail-in voting
Prickett v. State
Ruled defendant's constitutional right to be present at trial was not violated when counsel conferred with court during bench conferences out of defendant’s presence