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Sumrall v. State
Ruled that the provision requiring prosecuting attorney's consent to retroactive first-offender treatment did not violate the Georgia Constitution provision providing that no person shall be deprived of right to prosecute or defend their cause in any of the courts of the state
Crenshaw ex rel. Crenshaw v. Sonic Drive In of Greenville, Inc.
Held that the Workers' Compensation Act's exclusive-remedy provisions did not violate the Alabama Constitution's clause that every injured person has the right to a remedy
State v. Mumford
Dissent would have held that a K-9 unit's brief entry into the cabin of a vehicle duting a lawful traffic stop constituted an unconstitutional search under both the federal and state search-and-seizure provisions
Jackson v. State
Dissent would have granted defendant's petition to transfer jurisdiction and found that the State had not sufficiently shown the reasonableness of the officer's search of the defendant's locked trunk based only on the smell of burnt marijuana coming from the passenger compartment, as required under the Indiana Constitution's search-and-seizure standard
Vet Voice Foundation v. Hobbs
Washington Supreme Court held requirement that election workers verify voter signatures on mail ballots, when coupled with the state’s recently expanded process for notifying voters and providing an opportunity to cure when a signature mismatch is identified, does not facially violate the state constitution’s free and equal elections, privileges and immunities, or due process clause.
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
Glen Oaks Village Owners v. City of New York
New York Court of Appeals upheld New York City law establishing greenhouse gas emission limits for large city buildings, concluding state climate law that sets emissions targets statewide does not preempt the field of regulating emissions.
O’Neil v. Gianforte
Held that the state constitution’s protection of the public’s “right to know” allows for a limited gubernatorial privilege exception if the governor meets the “high bar of demonstrating that the information is essential to carrying out a constitutional duty and that its disclosure would chill future candor.” Also held that the process for determining whether a particular document otherwise subject to the "right to know" may be shielded by gubernatorial privilege should be the same as for other "candor privileges" (e.g., attorney-client, doctor-patient), including in camera review by the trial court to determine the proper scope. Remanded to the district court to conduct such review with respect to the requested agency documents.
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.
Smith v. BlueCross BlueShield of Tennessee
Tennessee Supreme Court held that company's termination of an at-will employee for petitioning legislators about Covid-19 vaccine requirements did not fall within a “violates clear public policy” exception to at-will employment. Because the state constitutional right to petition only constrains the government, a private employer does not violate public policy by terminating an employee for exercising that right.
