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Valoaga v. State
Held that Department of Corrections' application of preponderance of the evidence standard, rather than clear and convincing evidence standard, in disciplinary proceedings did not violate pretrial inmate's right to due process
People v. Poole
Michigan Supreme Court held that its 2022 decision in People v. Parks — that mandatorily sentencing to life-without-parole defendants who were 18 at the time of their charged crimes violates the state's "cruel or unusual" punishment clause — applies retroactively. Thus, defendants in cases where the period for direct review had expired when Parks was decided are entitled to resentencing.
State v. Dodge
Held that the defendant adequately preserved, for purposes of appellate review, his argument that his second trial violated his rights against double jeopardy
People v. Langston
Michigan Supreme Court will consider constitutionality of mandatory application of life-without-parole sentences to adults convicted of “felony murder" at a time when Michigan juries were not required to find malice to convict
Attorney General v. Hood
Held that the state’s civil rights charges against the Nationalist Social Club-131, a white nationalist and neo-Nazi organization operating in the New England area, in connection with a July 2022 incident where members displayed banners reading “KEEP NEW ENGLAND WHITE” from a highway overpass without a permit, impermissibly chilled the defendant’s constitutional right of free speech and premised on an overbroad reading of the statute
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
Ronald Chen
Ronald Chen is University Professor and Distinguished Professor of Law at Rutgers Law School.
The New Jersey Constitution: A Tool of Good Governance, Not Partisan Politics
A 1947 constitution offered a needed update for a state saddled with a weak executive and a court system “out of Dickens.”
Firearms Owners Against Crime v. Commissioner of Pennsylvania State Police
Pennsylvania Supreme Court held that statute providing for "instantaneous" background checks of prospective gun purchasers requires provision of eligibility determinations as quickly as possible with the resources the agency has available, but found to be waived -- and declined to reach -- state constitutional claims that failing to provide immediate results violates purchasers' and sellers' inherent rights and right to bear arms.
