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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.
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
Book Excerpt: Impermissible Punishments: How Prison Became a Problem for Democracy
The U.S. prison system violates democratic social orders aiming to lessen racist and class hierarchies. Its development was not inevitable.
Montana Environmental Information Center & Sierra Club v. Montana Department of Environmental Quality
Held that the Department of Environmental Quality appropriately considered noise impacts of a proposed project as required under the Montana Environmental Policy Act, but did not analyze lighting impacts and greenhouse gas emissions as required under the then-applicable language of the Act
Montana Trout Unlimited v. Montana Department of Natural Resources & Conservation
Held that the exemption of dewatering from the Montana Water Use Act's permitting requirements did not violate the water rights section of the state's constitution
The Next Round of Partisan Gerrymandering Fights
An unprecedented cycle of mid-decade redistricting highlights a state-by-state legal patchwork, with significant national implications.
Erin Van Campen
Erin Van Campen is a Research & Training Attorney at the Neighborhood Defender Service of Detroit, where she provides on-call assistance and training to public defenders and appointed counsel...
