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People v. Loew
Held that a presiding judge’s ex parte communications to the prosecutor did not violate defendant's constitutional rights
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
In North Carolina, an Attempt to Overturn a Supreme Court Election
The losing candidate for a seat on the high court is trying to have more than 60,000 valid votes thrown out.
Are State Constitutional Clauses that Strengthen Gun Rights Relevant After Bruen?
States have continued to pursue amendments requiring strict scrutiny for gun restrictions even after the Supreme Court turbocharged the Second Amendment with an originalist approach.
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 February
Issues on the dockets include a fetal heartbeat law, police use of force, and academic freedom.
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.
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.
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
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.