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State v. Spencer
Illinois Supreme Court held that an aggregate 100-year prison sentence for a defendant who was 20 when the crimes occurred is not a de facto life sentence because a state statute makes first-degree murder defendants under 21 eligible for parole after 20 years and mandates that the reviewing board consider mitigating circumstances related to the defendant’s youth. The court further held that the the fact the sentence is not de facto life does not foreclose the defendant from bringing an as-applied challenge to his sentence under the state constitution’s “proportionate penalties” clause in a post-conviction petition.
Chilutti v. Uber
Pennsylvania Supreme Court will review a lower court's decision to impose a stricter standard than federal courts have applied for when to enforce online arbitration agreements against a user who lacks actual knowledge of the terms, to protect the strong right to a jury trial in the state's constitution.
Montana Environmental Information Center v. Office of the Governor
Montana Supreme Court held that a party who succeeds on a state constitutional “right to know” claim in a public records dispute is entitled to a presumption that they should be awarded attorneys’ fees. Two dissents opined that the holding was motivated by partisan bias.
Pennsylvania’s Radical Constitution: An Experiment in the Making
From an early embrace of popular sovereignty to current voting decisions that make national news, Pennsylvania’s constitution has long reached beyond the state itself.
Everything You Need to Know About Next Month’s High-Stakes Supreme Court Elections in Pennsylvania
Three justices will face an up or down vote in November, the outcome of which is likely to impact the midterms.
Schwartz v. Washington County
Will consider whether statutes that establish state tobacco retail licenses and that authorize licensees to sell tobacco products and vaping devices preempt a county ordinance that prohibits the sale of flavored tobacco products and vapes. An intermediate court found the statutes did not preempt the county ordinance.
Paxton v. Annunciation House
Texas Supreme Court held that a clause empowering the state attorney general to seek judicial forfeiture of corporate charters permits him to bring a quo warranto action to shut down a Catholic charity based on allegations it violated a state law against harboring undocumented immigrants. The state's religious freedom restoration act does not bar the claim from being filed, and the law is neither unconstitutionally vague nor precluded by federal immigration law. Remanded the case to the trial court for further proceedings on the merits.
Stephens v. State
Georgia Supreme Court upheld, under the state’s right to bear arms clause, a law banning individuals younger than 21 from carrying handguns in public, unless they have military training. Declined to import federal Second Amendment standards into Georgia’s clause, noting it distinctly and expressly grants the legislature power to regulate the manner in which firearms may be carried.
Howell v. Cooper; North Carolina Bar and Tavern Association v. Stein
The North Carolina Supreme Court held, in two cases heard together, that bar owners pleaded colorable claims that executive orders shutting down or restricting operation of their businesses violated their right to earn a living.
State of North Carolina v. Chambers
North Carolina Supreme Court upheld a law that allows a juror to be excused and substituted by an alternate after criminal trial deliberations have begun. Because the law requires the trial court to instruct the jury to begin deliberations anew, the majority said, a verdict will still be reached by the 12 people the state constitutional jury right guarantees, not 13.
