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State v. Peterson
Dissent wrote that statute criminalizing sale of heroin violated equal protection clause because the same conduct is criminalized under another controlled substance statute which carries a different penalty
Using Appellate Decisions and Algorithms to Advance Judicial Transparency
A new report analyzes New York appellate decisions decreasing sentences in order to identify judges that frequently hand down unduly harsh punishments.
State v. Brown
Ruled statute authorizing judge, not jury, to make criminal history findings for sentencing did not violate right to a jury trial; statute allowing judge to set restitution implicated the right but was severable
State v. Jordan
Dissent wrote that warrantless arrest of defendant when police had ample time to secure a warrant violated constitution’s protection against unreasonable search and seizure
State Courts Can and Should Do More to Protect Voters
State constitutional clauses collectively elevate the status of voters as a group, giving state courts a strong reason to use a separation of powers analogy against efforts to curtail voting rights.
League of Women Voters of Honolulu v. State
Ruled legislature’s replacement of a recidivism bill with a hurricane shelter bill violated constitution’s requirement of three readings to begin anew because the amendment was non-germane
Derek Clinger
Derek Clinger is a senior staff attorney for the State Democracy Research Initiative at University of Wisconsin Law School.
Wisconsin’s Legislative Vetoes Go to Court
The Wisconsin Supreme Court is set to decide whether a legislative committee can override executive branch decisions.
In re Colorado Independent Congressional Redistricting Commission
Ruled constitutional provision for congressional redistricting process did not create new protections against minority vote dilution beyond those provided by the federal Voting Rights Act
State v. Walker-Brazie
Ruled that evidence seized by Border Patrol was inadmissible in a state criminal proceeding when that search did not comply with the state constitution
