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Crawford v. Commonwealth
Held that Philadelphia, city residents, and a gun-safety group had failed to state a claim that state laws preempting local gun control measures violate state constitutional due process, rejecting their argument that the clause protects a collective right to use local regulation as a means of self-defense from acts of gun violence.
State v. Vasquez
In response to certified questions from the state intermediate appellate court, held that a trial court may, of its own accord without a defense motion, order a hearing as to whether evidence should be suppressed. The questions arose after a trial judge noticed a pattern of warrantless searches and seizures in her docket and set suppression hearings in 30 cases, ultimately supressing evidence in 6 cases after the prosecution chose to dismiss 13.
In Re Application for Correction of Birth Record of Hailey Emmeline Adelaide
Court was unable to form a majority on the merits, which had the effect of leaving undisturbed lower court rulings denying a transgender woman’s request to change the sex marker on her birth certificate.
State v. Velasquez
Oklahoma Court of Criminal Appeals held that suppression of evidence as a remedy did not apply to officers' violation of Oklahoma's "knock and announce" requirement for executing a search warrant, and reaffirmed that the state's search and seizure clause is substantively "identical" to the Fourth Amendment.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
People v. Lopez
Held that a defendant seeking to establish a violation of their constitutional right to conflict-free counsel is required to show both a conflict of interest and an adverse effect resulting from that conflict
Andrew Willinger
Andrew Willinger is the executive director of the Duke Center for Firearms Law and a lecturing fellow at Duke Law School. He teaches and writes on the...
The Complexity of Lockstepping Post-Bruen
A Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.
Abortion Rights and Transgender Rights Are Intertwined
As federal courts use the rollback of abortion rights to undermine protections for trans people, Montana’s high court has extended rights in both areas.
