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State Constitutions and the Limits of Criminal Punishments
This symposium will engage with the growing legal and intellectual movement to challenge excessive criminal punishments via state constitutional prohibitions on cruel and unusual punishments and related clauses.
State v. Verrill
Held that neither double jeopardy clause nor due process clause barred retrial of defendant whose mistrial was due to the state's discovery violations
Multiple High Courts Uphold Voters’ Right to Use Ballot Measures to Change Law
Decisions in California, Michigan, and Utah could serve as models for courts in other states facing power struggles between legislatures and proponents of voter-approved ballot initiatives.
Direct Democracy Under Attack
Courts in Utah and Michigan recently blocked legislative assaults on the ballot initiative process.
In re 2022 Legislative Districting of the State
Held that state legislative districts did not violate requirement that districts be compact, continguous, and regard natural boundaries
State v. Anderson
Ruled defendant’s de facto life sentence of 61 years without parole for juvenile offender crimes does not violate Washington Constitution’s prohibition against cruel punishment
State v. Obrero
Ruled 1982 constitutional amendment did not repeal by implication statute requiring grand jury for felony prosecutions, thus prosecution based on complaint and probable cause hearing was unlawful
Reproductive Freedom for All v. Board of State Canvassers
Dissent wrote that word spacing in ballot petition’s proposed amendment to the constitution did not meet constitutional mandate of placing full text of amendment on the petition
Promote The Vote 2022 v. Board of State Canvassers
Ruled ballot petition’s proposed amendments did not abrogate existing provisions to trigger constitutional requirement to republish those provisions
Lord v. Salt Lake County Clerk
Rejected request for declaratory relief that school district property tax increase was subject to constitution’s voter referendum rights provision
