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The Story of the First State Constitution
New Hampshire’s 1776 constitution and the story behind it set the stage for subsequent state constitutions over the next 250 years.
City of Cincinnati, ex rel. Mark Miller v. City of Cincinnati
Ohio Supreme Court will consider whether lower court erred in reading additional taxpayer standing requirements into a statute permitting taxpayers to sue on a city's behalf to stop abuses of municipal power if the city fails to pursue the action itself
People v. Bankston
California Supreme Court will consider whether the state constitution limits relief available under the state's racial justice act, particularly with respect to death penalty eligibility, if a defendant establishes racial bias was exhibited at trial
State v. Kelliher
Held that a de facto life sentence for a juvenile defendant whom a trial court deemed “neither incorrigible nor irredeemable” violates the state constitution
State Court Oral Arguments to Watch for in January
Issues on the dockets include legislative responses to Missouri’s voter-approved reproductive rights amendment, Utah’s execution methods, and Idaho’s school-choice program.
Arnold v. Kotek
Oregon Supreme Court will consider whether a voter-approved ballot measure requiring a permit process to be eligible to purchase a gun and completion of a background check before any transfer, as well as banning large-capacity magazines, violates the state constitutional right to bear arms.
In re Tom Malinowski
Appellants claimed that state's ban on fusion voting violates rights to vote, to free speech and political association, to equal protection, and to assemble
Raftery v. State Board of Retirement
Massachusetts Supreme Judicial Court held that forfeiture of pension benefits required by state law when a state employee is convicted of violating laws applicable to his office did not violate the excessive fines or “cruel or unusual” punishment clause.
Ex Parte David Leonard Wood
Texas Court of Criminal Appeals remanded subsequent habeas petition for development of actual innocence claim. Concurrence would hold that state constitution's distinctive protections against erroneous deprivations of life support an independent standard for actual innocence habeas claims involving capital sentences.
Hicks v. State
Wyoming Supreme Court held that mandatory life without parole sentences for young adults who are over 18 do not violate the state constitution’s criminal punishment or equal protection clauses.
