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We Need More Public Defenders on the Bench
A series of decisions from the Colorado Supreme Court suggests that justices who used to be prosecutors are more likely to issue law-enforcement friendly decisions.
McVay v. Cockroft
Oklahoma Supreme Court will consider whether a law making it harder for citizen initiative petitions to qualify for the ballot violates citizens' state constitutional initative, free speech, and equal protection rights.
Can the Right to Bear Arms Be Waived?
A solution to the constitutional uncertainty around many state-issued protection orders may come from an overlooked detail in a recent Second Amendment decision from the U.S. Supreme Court.
Commonwealth v. Anthony Lewis
Pennsylvania Supreme Court declined to adopt stringent test for the evidence required to designate an area “high crime” in order for that circumstance to be a factor in whether reasonable suspicion exists for a police stop, leaving it to the discretion of the supression court.
League of Women Voters of Utah v. Utah State Legislature (LWV 1)
Utah Supreme Court sent partisan gerrymandering case back to lower court to consider whether the legislature violated voters' fundamental right to "reform or alter" their government when it overturned redistricting reforms passed by initiative. Lower court found legislators violated that right and struck the current congressional map, adopting an alternative proposed by the plaintiffs
City of Kalispell v. Doman
Montana Supreme Court will consider whether a law against obstructing a peace officer violates federal and state speech protections as applied to a defendant arrested while recording on his cellphone police conducting a traffic stop in a public place.
Committee for Public Counsel Services v. Middlesex and Suffolk County District Courts
Massachusetts Supreme Judicial Court will consider whether or when a court may order an increase in the statutory compensation rate for attorneys accepting representation of indigent criminal defendants, as a means of addressing a shortage of such counsel.
IVF Users Face Uncertain Legal Landscape
State courts are grappling with questions like ownership over and rights for embryos.
Wyoming Education Association v. State
Trial court found Wyoming was underfunding public schools in violation of its state constitutional duty to provide an equal opportunity for a quality education. The Wyoming Supreme Court is considering the state's appeal.
E.N. v. Kehoe
Missouri Supreme Court will consider whether a state law banning gender-affirming care for minors and Medicaid coverage for such care for transgender adults violates the state constitution's equal protection, due process, and "gains of industry" clauses.