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In re Dallas County
Upheld, in a unanimous opinion, a 2023 law creating a new court of appeals that has exclusive statewide jurisdiction over intermediate appeals in most matters brought against the state and challenges to a state law’s constitutionality when the attorney general is a party.
Johnson v. Wyoming
Plaintiffs claim that abortion ban violates the fundamental right to be left alone by government as guaranteed by several rights enshrined in the state constitution
People v. Neilly
Held that defendants who are convicted but have been given reprieve from life-without-parole sentences because their crimes were committed as teenagers can still be required to pay restitution costs.
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.
Scholarship Roundup: New Year Edition
The last few months brought a rich array of articles and books about state constitutions, courts, and governance.
Askew v. City of Kinston
Held that plaintiffs bringing direct actions under the state constitution are not required to exhaust administrative remedies before filing suit.
State v. White
Ruled that the state constitution's confrontation clause requires two-way visibility between the accused and witnesses during testimony.
Borgelt v. Austin Firefighters Association
Held that provision of collective bargaining agreement authorizing union members to conduct certain union-related activities does not violate the state constitution's Gift Clause
State v. Bauler
Plurality holds that the state constitution's search and seizure provision was not violated when a K-9 handler and his trained canine momentarily made contact with the exterior of a vehicle during a dog sniff
In re Harris
Held that a judge may consider proffered inadmissible evidence to support denial of bail without violating due process principles so long as the evidence is reliable