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Commonwealth v. Dilworth
Held that the court will apply a less rigorous standard when evaluating equal protection claims in the context of alleged discriminatory policing during the investigatory phase of a case
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
Hild, Administration of the Estate of Boldman v. Samaritan Health Partners
Held that when jurors are presented with interrogatories that require them to separately decide the elements of a negligence claim, the same-juror rule applies, requiring the same three-fourths of jurors to agree on all questions comprising the verdict slip
State v. Miller
Held that the Iowa Constitution’s cruel and unusual punishment clause does not prohibit sentencing juvenile offenders to a minimum prison term before they are eligible for parole and rejected the defendant’s argument that the same clause bars such a sentence unless there is expert testimony concerning defendants’ “youthful characteristics"
State ex rel. Spung v. Evnen
Ordered election officials to implement immediately a 2024 law that reinstated voting rights to those convicted of a felony upon completion of their sentence, meaning affected people can now register to vote for November’s election. The secretary of state, based on an advisory opinion from the state attorney general calling the law unconstitutional, had directed election officials to stop registering people with a felony conviction who had not received a pardon.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
In re Tom Malinowski
Appellants claim that state's ban on fusion voting violates rights to vote, to free speech and political association, to equal protection, and to assemble
League of Women Voters of Utah v. Utah State Legislature (LWV 2)
Utah Supreme Court voided Amendment D, a legislatively referred proposed state constitutional amendment that would have allowed lawmakers to repeal citizen-initiated and approved ballot measures. The amendment would have overturned a prior Utah high court ruling. The high court found the legislature failed to follow the proper procedure for placing an amendment on the ballot.
Planned Parenthood of Montana v. State (Planned Parenthood 3)
Upheld preliminary injunction against 2023 laws and an agency rule that limit Medicaid coverage for abortion, finding that they likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy, as well as the state's equal protection clause.
Planned Parenthood of Montana v. State (Planned Parenthood 4)
Upheld preliminary injunction against 2023 laws that prohibit dilation and evacuation abortions—the only outpatient procedure available in the second trimester in Montana—and require an ultrasound pre-abortion, effectively preventing telehealth mediation abortions. A majority of the court found that these laws likely violate the right to a pre-viability abortion the Montana Supreme Court has recognized as protected by the state constitution's right to privacy.
