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State v. Labrum
Held that due process permits refiling of criminal charges previously dismissed for insufficient evidence if refiling was not done in bad faith or to harass the defendant
Eyman v. Hobbs
Washington Supreme Court held secretary of state did not have a clear duty to advance a proposed parental rights referendum because the legislation that would have been put to vote included a valid emergency declaration exempting it from the referendum power.
Knight v. Fontes
Arizona Supreme Court held the retention election process for intermediate appellate judges does not violate the "free and equal" elections clause or equal privileges and immunities provision
League of Women Voters of Greeley v. Board of County Commissioners of City of Weld
Held that the Colorado Constitution's Home Rule provision does not authorize counties to disregard state redistricting statutes
Netzer v. State
Montana Supreme Court held provisions of a law barring discrimination based on vaccine status, including a ban on mandating vaccines that have not completed safety trials, do not violate the state constitution's single-subject requirement.
Franklin v. Martinez
New Mexico Supreme Court will consider whether right to acquire property in "inherent" rights clause extends to people who are incarcerated such that an incarcerated person cannot be deprived of obtaining certain property without due process
"Liberty" is a Big Word, and That’s OK
A recent abortion rights decision in North Dakota demonstrates that the distinction between “fundamental” and “non-fundamental” rights doesn’t always make sense in state constitutional jurisprudence.
State v. Hemion
Oregon Supreme Court ruled open courts clause and public records statute did not authorize trial court to order a public defense provider to turn over caseload records related to its representation of indigent criminal defendants
Clarke v. Town of Newburgh
New York Court of Appeals held local government could not assert state or federal equal protection challenge to the vote dilution provision of the state's Voting Rights Act
Differences in Kansas and Missouri Show Importance of Initiative Process
Unlike Kansans, Missouri voters can use ballot initiatives to enact laws and amendments their lawmakers refuse to pass.
