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SCOTUS’s Declining State Criminal Appeals
The disappearance of state criminal appeals from the high court’s docket is profoundly problematic for the rights of criminal defendants and civil rights plaintiffs.
We Need to Know More About State Supreme Court Cases
State high courts interpret laws that impact some of the most intimate parts of our lives. Communities have a right to know what’s on the docket.
In re Dallas County
Upheld, in a unanimous opinion, a 2023 law creating a new court of appeals that has exclusive statewide jurisdiction over intermediate appeals in most matters brought against the state and challenges to a state law’s constitutionality when the attorney general is a party.
The Curious Case of Oklahoma Search and Seizure
Because Oklahoma has two constitutional masters, it simultaneously has two different doctrines of search and seizure.
So You Passed a State Constitutional Amendment Protecting Abortion. Now What?
Voter approval of an amendment is often just one step in lengthy legal and political wrangling over state abortion rights.
People v. Neilly
Held that defendants who are convicted but have been given reprieve from life-without-parole sentences because their crimes were committed as teenagers can still be required to pay restitution costs.
State Constitutional Protections for Transgender People After Skrmetti
A review of recent litigation in state courts provides hints about the future of trans rights.
Askew v. City of Kinston
Held that plaintiffs bringing direct actions under the state constitution are not required to exhaust administrative remedies before filing suit.
State v. White
Ruled that the state constitution's confrontation clause requires two-way visibility between the accused and witnesses during testimony.
Borgelt v. Austin Firefighters Association
Held that provision of collective bargaining agreement authorizing union members to conduct certain union-related activities does not violate the state constitution's Gift Clause