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Tatum v. Commissioner of Corrections
Held that a new constitutional rule of criminal procedure applies retroactively under certain conditions and principles regarding the admissibility of eyewitness identification evidence apply retroactively
State v. Diole
Held that subjecting incompetent defendants to a determination of whether they committed the acts charged without a jury trial, the protections of medical privilege, and the safeguards of the rules of evidence did not violate due process and equal protection
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
State v. Hoyle
Wisconsin Supreme Court reversed Court of Appeals's grant of new trial, finding that prosecutor did not unlawfully comment on defendant's exercise of his Fifth Amendment right to remain silent. On remand, Court of Appeals rejected defendant's other bases for overturning his conviction, finding no reasonable probability that newly discovered evidence would have changed the jury's verdict and evidence the prosecution did not disclose to be immaterial. The Wisconsin high court denied defendant's subsequent petition for review.
Planned Parenthood of Montana v. State of Montana (Planned Parenthood 2)
Ruled that minors have a fundamental right to privacy and do not have to seek parental permission to get an abortion in the state.
Watson Memorial Spiritual Temple of Christ v. Korban
Ruled that mandamus was an appropriate vehicle for landowners to collect from the city's sewerage and water board inverse-condemnation damages awarded in prior suit
Singleton v. North Carolina Department of Health and Human Services
A doctor is challenging a law that requires healthcare providers to obtain a “certificate of need” before offering new services or facilities in a geographic area
