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‘History and Tradition’ in State Courts
Louisiana offers a potent argument that state courts need not march in lockstep with federal courts’ reliance on originalism.
When Does the U.S. Supreme Court Review State Supreme Court Decisions?
State courts have the final word on state law, but when federal law is involved, it can be complicated.
McKinney v. Goins
The North Carolina Supreme Court will address whether a law that revived for a two-year period child sex abuse claims that would otherwise be time-barred violated defendants’ due process rights under the state’s “law of the land” clause.
People v. Neilly
Held that defendants who are convicted but have been given reprieve from life-without-parole sentences because their crimes were committed as teenagers can still be required to pay restitution costs.
State Court Oral Arguments to Watch for in October
Issues on the dockets include mail-in voting, line-item vetoes, and life-without-parole sentences.
State v. White
Ruled that the state constitution's confrontation clause requires two-way visibility between the accused and witnesses during testimony.
Askew v. City of Kinston
Held that plaintiffs bringing direct actions under the state constitution are not required to exhaust administrative remedies before filing suit.
State v. Bauler
Plurality holds that the state constitution's search and seizure provision was not violated when a K-9 handler and his trained canine momentarily made contact with the exterior of a vehicle during a dog sniff
Borgelt v. Austin Firefighters Association
Held that provision of collective bargaining agreement authorizing union members to conduct certain union-related activities does not violate the state constitution's Gift Clause
In re Harris
Held that a judge may consider proffered inadmissible evidence to support denial of bail without violating due process principles so long as the evidence is reliable
