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Thourtman v. Junior
Held that, despite right to pretrial release, a court may detain a defendant without setting release conditions to first conduct a hearing to determine the defendant's eligibility for release
State v. Poe
Held that right to restitution for crime victims does not confer standing on victims to seek or renew orders of restitution in criminal cases when the state declines to do so
Minnesota Provides Stronger Search and Seizure Protections Than Fourth Amendment
A recent decision demonstrates the importance of state constitutions providing their own bases for remedies, not just protecting rights.
Dutchess v. Dutch
Ruled granting decision-making authority to father regarding vaccinating children did not violate mother’s constitutional rights to free exercise of religion or due process
Advocates for School Trust Lands v. State
Held that statute relinquishing the state's ownership of certain water rights did not violate the state's constitutional trustee duties
Moynihan v. Lynch
Held that a statute requiring that parties to a palimony agreement obtain counsel before signing the contract violates substantive due process
Who Has the Authority to Prosecute People Accused of ‘Voter Fraud’ in Florida?
A Florida appellate court is set to determine whether a statewide office created in the 1980s by constitutional amendment to combat organized crime can prosecute someone accused of voting while ineligible.
In re Senate Joint Resolution of Legislative Apportionment 100
Upheld legislative district apportionment plan as satisfying constitution's redistricting provisions
State v. Elwell
Concurrence wrote that an officer must have immediate, apparent knowledge that there is incriminating evidence before them to satisfy the plain view exception for warrantless searches
Zab v. Rhode Island Department of Corrections
Held unconstitutional a civil death statute which barred civil claims by anyone incarcerated under a life sentence