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Laws v. Grayeyes
Concurrence wrote that Utah's separation of powers provision would not prevent the legislature from granting standing to a plaintiff and questions applying federal standing rules
An Eventful Summer for State Constitutional Abortion Rights Litigation
State supreme courts addressed abortion rights head on, even as the U.S. Supreme Court punted on similar questions.
State v. Melvin
Ruled that acquitted conduct may not be considered in sentencing defendants under state constitution’s heightened due process rights and right to a criminal trial by jury
People v. McDaniel
Ruled that the state constitution does not require unanimity in jury's determination of disputed aggravating circumstances
Brooks v. Ewing Cole, Inc.
Ruled pretrial decision denying a government defendant’s right to a sovereign immunity defense in a negligence action was an immediately appealable collateral order
Pinckney v. Peeler
Ruled that statute removing confederate flag from capital and renaming other historic items did not violate prohibition on special laws or home rule provision, but severed provision requiring a supermajority to amend the law
Fay v. Fox
Ruled victim has right to be heard on merits of defendant’s motion for a delayed appeal of restitution award under due process, prompt restitution, and finality provisions of Victims’ Bill of Rights
State v. Arctic Village Council
Ruled statutory witness requirement for absentee voting imposed unconstitutional burden during pandemic on right to vote absentee
In re Abbott
Ruled that the state constitution empowers the House of Representatives to compel the attendance of absent members
Francis v. Wegener
Ruled permanently enjoining attorney from filing pro se claims as opposed to filing with retained counsel in state court did not violate constitutional right of access to courts
