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Usachenok v. Department of the Treasury
Held that the confidentiality directive in regulation applicable to harassment and discrimination investigations in state workplaces was constitutionally overbroad under New Jersey's affirmative right to speak freely, which is broader than federal First Amendment Protections
Walter v. State
Dissent would have held that the imposition of monetary sanctions against the indigent defendant and the denial of his right to file further applications in forma pauperis violated equal access
State v. Penna
Dissent would have held that the criminal suspect was required to be reminded of his Miranda rights to validly waive a prior invocation, reading Florida's constitutional right against self-incrimination more expansively than its federal counterpart
Lucas v. Ashcroft
Ruled that the fiscal note summary printed on every ballot cast for a constitutional amendment authorizing increase in minimum funding of city police force was inaccurate and misleading
'She Said I Was Irredeemable:' A Second Chance for Youth Sentenced to Life
A handful of state supreme courts have announced broader sentencing protections for young people than available under the federal Constitution.
State Court Oral Arguments to Watch for in December
Issues on the dockets include school funding, protection of children in foster care, and the death penalty.
Associated General Contractors of Washington v. State
Held that held that the new statute governing use of collective bargaining agreements (CBAs) to set prevailing wage rates did not unconstitutionally revise or modify earlier statute limiting use of data from wage surveys
Priorities USA v. Wisconsin Elections Commission
The Wisconsin Supreme Court reinstated the use of ballot drop boxes, finding it was within election officials statutory authority to decide whether or not to offer them as a way for voters to return absentee ballots.
Hilo Bay Marina v. State of Hawaii
The Hawaii Supreme Court will decide whether a 100-year-old deed restriction requiring that property sold to the Mormon Church be used “for church purposes only” violates the Hawaii Constitution’s religious freedom clause, the First Amendment, or state statute.
Parrish v. State of Florida
The Florida Supreme Court will resolve a split among the state’s appellate courts over whether a trial judge’s choice not to impose a sentence that falls below the statutory range for the crime — known as a “downward departure” — is appealable by a defendant.