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State v. Dodge
Held that the defendant adequately preserved, for purposes of appellate review, his argument that his second trial violated his rights against double jeopardy
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Hicks v. State
Will consider whether Wyoming's "cruel or unusual" punishment clause provides greater protections against mandatory life-without-parole sentences for late adolescents (those who were under 21 at the time of the crime) than the federal Eighth Amendment does. Will also consider whether such sentences violate state constitutional clauses providing the "penal code shall be framed on the humane principles of reformation and prevention" and for equal protection.
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
Democracy’s Fate Depends on Both State and Federal Courts
State and federal courts each played a role in stopping a candidate who lost his race for a seat on the North Carolina Supreme Court from throwing out 60,000 votes.
Levels of Scrutiny Applied by State Courts, Explained
The tests state courts use to decide whether a law impermissibly infringes on people’s rights play a big role in determining whether government restrictions on those rights are upheld.
Gotay v. Creen
Held that, given the nature of the state’s custody of children, a “special relationship” exists between foster children and the state that imposes an affirmative duty on the state to ensure a reasonably safe foster home environment. But found the state defendants were entitled to qualified immunity on the plaintiff parent and guardian's substantive due process claim because the state employees did not proximately cause the affected children's injuries.
