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People v. White
Held that an open, blind, guilty plea with no agreement as to sentence did not waive a constitutional challenge to the sentence, overruling prior precedent holding otherwise
Martin v. Goodrich Corporation
Prospective application of a provision of the Worker's Occupational Disease Act creating an exception to the exclusivity of the Act for claims which would otherwise be precluded by a period of repose did not violate employer's right to due process
Johnson v. Board of Education
Held that public schools is a "public accommodation" within the meaning of the New Mexico Human Rights Act, which makes discriminatory conduct in a public accommodation unlawful, overruling prior ruling holding otherwise
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
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. 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 Court Oral Arguments to Watch for in September
Issues on the dockets include charter schools, minimum wage for live-in caregivers, online arbitration agreements, and a controversial handwritten date requirement for mail ballots.
The Power of State Constitutional Rights
Judges, practitioners, and scholars explore critical issues facing state courts and constitutions.
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
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
