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Knight v. Fontes
Will consider whether the retention election process for intermediate appellate judges violates the state constitution's "free and equal" election and equal protection provisions. Voters represented by Goldwater Institute allege that the retention elections -- in which voters currently vote only for the appellate judges who reside in their designated geographic area -- should be statewide, as appellate decisions may have statewide impact, and cases are assigned not based on a judge's residency and regularly transferred.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
State v. Rippey
Held that the preservation provision of the Plea Withdrawal Statute, requiring a request to withdraw a guilty plea to be made by motion before a sentence was announced, was a “procedural rule” that infringed the judiciary's power under separation of powers
In re Port City Air Leasing, Inc.
Held that the petitioner did not have their state constitutional right to a remedy or their procedural due process rights violated by their lack of standing to appeal the Department of Environmental Services' decision to grant a wetlands permit to their competitor
People v. Clark
Held that arrests pursuant to investigative alerts do not automatically violate Illinois Constitution's search and seizure clause
Coleman v. Board of Education
Held that Kentucky Senate Bill 1, a statute that instituted various changes to the duties and responsibilities of a school board relative to those of its superintendent in a county with a consolidated local government, did not violate the Kentucky Constitution's prohibition on special or local legislation, even though the statute only applied to a single county
Cottonwood Environmental Law Center v. State
Ruled that the statute limiting the right of local citizen initiatives to regulate auxiliary containers did not facially violate the state constitutional provision governing initiative and referendum
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
In re Chastain
Held that under art. IV of the North Carolina Constitution, a superior court judge commissioned to replace a recused resident superior court judge had the authority to remove a clerk from her elected office and that removal of a clerk of court may be based on misconduct, even if that conduct would not rise to the level of willful misconduct
