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State ex. rel. Raúl Torrez v. Board of County Commissioners for Lea County
New Mexico Supreme Court granted mandamus and prohibited enforcement of local ordinances that sought to restrict access to abortion services by expressly incorporating the federal Comstock Act, holding the ordinances are preempted by state statutes.
People v. Loew
Held that a presiding judge’s ex parte communications to the prosecutor did not violate defendant's constitutional rights
Tatum v. Commissioner of Corrections
Held that a new constitutional rule of criminal procedure applies retroactively under certain conditions and principles regarding the admissibility of eyewitness identification evidence apply retroactively
Wygant v. Lee
The Tennessee Supreme Court will consider a lawsuit brought by voters challenging state house districts passed by the legislature in 2022. The plaintiffs contend that the districts violate a state constitutional provision barring districts from dividing counties. The defendants argue that the court does not have the power to resolve the claims because such challenges are purely political questions to be left to the legislature.
State v. Diole
Held that subjecting incompetent defendants to a determination of whether they committed the acts charged without a jury trial, the protections of medical privilege, and the safeguards of the rules of evidence did not violate due process and equal protection
Lake v. Hobbs
Arizona Court of Appeals affirmed lower court’s dismissal of claims made by Kari Lake seeking to overturn the 2022 gubernatorial election, which she lost, based on alleged election administration errors. The Arizona Supreme Court denied her petition for review.
Planned Parenthood of Montana v. State of Montana (Planned Parenthood 2)
Ruled that minors have a fundamental right to privacy and do not have to seek parental permission to get an abortion in the state.
State Court Oral Arguments to Watch for in April
Issues on the dockets include parental rights under now-defunct same-sex marriage bans, New York City’s emissions caps for big buildings, and more.
Sanctuary Policies in a Federal System
States and localities that restrict federal enforcement of immigration and gun laws promote diversity and help protect against authoritarianism.
Williams v. Powell
Held that statutes criminalizing acts likely to prevent or disrupt the General Assembly and criminalizing intentionally disruptive or disorderly conduct at state capital were neither facially overbroad nor facially vague