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Commonwealth v. Edwards
Held that racial discrimination in jury selection does not always constitute prosecutorial misconduct requiring dismissal under the constitution's double jeopardy protections
Wisconsin Supreme Court Debates Approaches to Constitutional Interpretation
A recent opinion reminds advocates to make independent state constitutional arguments.
People v. Moon
Held that the right to a jury trial requires that the jury be sworn to try the case
Moore v. Stirling
Held that though habeas review is limited to constitutional issues, this includes alleged violations of a statute mandating sentence proportionality review because violations would implicate due process rights
All Star Awards & Ad Specialties, Inc. v. HALO Branded Solutions
Held that a statutory damages cap did not violate the right to a jury trial because the relevant claims would not have been tried by a jury in 1820 when the constitutional right was adopted
Westlawn Cemeteries, LLC v. The Louisiana Cemetery Board
Held that a rule governing cemetery trusts exceeded the promulgating agency's authority, violating the constitution's separation of powers provision
Mellor v. The Parish of Jefferson
Held that a local traffic ordinance tasking school boards with enforcement violated home rule provisions which prohibit local legislative bodies from affecting school boards
Kellogg v. National Railroad Passenger Corp.
Ruled that a retroactive law permitting new civil claims by family members did not violate the contracts or due process rights of a tortfeasor that had no affected vested right
Texas Supreme Court Rejects Call to Clarify Exception to Abortion Ban
Plaintiffs who suffered severe physical and emotional harm after being denied abortions claimed the medical exceptions to the ban are unclear and unconstitutional.
Fourth Amendment Lags Behind State Search and Seizure Provisions
State courts have long provided more search and seizure protections than the U.S. Supreme Court — and they sometimes influence federal law.
