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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
Surface Water Use Permit Applications
Vacated the Water Commission’s decision regarding interim instream flow standards for failure to comply with the state constitution's public trust doctrine and remanded for further proceedings.
Hodes & Nauser v. Kobach; Hodes & Nauser v. Stanek
Affirmed district court's grant of summary judgment in favor of health care providers and said that a near-total ban on a common method of second trimester abortion, called a dilation and evacuation, violated the section 1 of the Kansas Constitution Bill of Rights, which protects a right to personal autonomy. In a second opinion, applying strict scrutiny, found unconstitutional additional licensing requirements for physicians who provide abortions than required for other providers.
In re State
Granted motion for temporary injunction, prohibiting the County’s plan to use federal funds for $500 monthly cash payments to residents because it could violate the state constitution's prohibition on gratuitous payments
Commonwealth v. Lee
The Pennsylvania Supreme Court will decide whether mandating a life sentence, without the possibility of parole, for “felony murder” — a legal doctrine that allows someone to be prosecuted for murder for any death that occurs during the commission of a separate felony, even if the defendant never meant to kill anyone — violates the Pennsylvania Constitution’s ban on “cruel” punishments or the federal Eighth Amendment.
State v. Autele
Held that trial courts have discretion to determine whether the state constitutional right to be represented by retained counsel of choice is outweighed by other considerations, including ethical requirements or the potential for undue delay and disruption of trial
Roderick M. Hills Jr.
Roderick M. Hills Jr. is the William T. Comfort, III Professor of Law at New York University
