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People v. Bankston
California Supreme Court will consider whether the state constitution limits relief available under the state's racial justice act, including with respect to death penalty eligibility, if prosecutors are found to have appealed to racial bias in the guilt or penalty phase
State v. McLain
Maine Supreme Court held that the state constitution's privilege against self-incrimination provides greater protection than the federal Fifth Amendment with respect to waiving that privilege.
Everyone Benefits When Judges Come from a Variety of Backgrounds
Amid attacks on “diversity, equity, and inclusion,” the need for representative state supreme courts is as urgent as ever.
Michelle Mensore Condon
Michelle Mensore Condon is the director of externships, director of public service and pro bono, and distinguished visiting professor of law at Charleston School of Law in Charleston, South...
The West Virginia Constitution: Mountaineers Are Always Free
An early West Virginia constitution emancipated enslaved people in 1863, more than a year before the U.S. Constitution.
Lyon v. Riverside Methodist Hospital
Ohio Court of Appeals held that a law capping noneconomic damages for medical malpractice claims does not facially violate state constitutional due process or equal protection, but did violate those guarantees as applied to the plaintiff whose award was signficantly reduced for extreme injuries.
Mohebali v. Hayes
North Carolina Court of Appeals held that a law capping jury awards of noneconomic damages for medical malpractice did not violate the state constitutional jury trial right of a plaintiff who sued her physician for negligence for allowing her pregnancy to extend to 44-weeks, resulting in fetal death.
Hicks v. State
Wyoming Supreme Court held that mandatory life without parole sentences for young adults who are over 18 do not violate the state constitution’s criminal punishment or equal protection clauses.
We Need More Public Defenders on the Bench
A series of decisions from the Colorado Supreme Court suggests that justices who used to be prosecutors are more likely to issue law-enforcement friendly decisions.
Can the Right to Bear Arms Be Waived?
A solution to the constitutional uncertainty around many state-issued protection orders may come from an overlooked detail in a recent Second Amendment decision from the U.S. Supreme Court.
