Search
Filter Search
State v. Hoyle
Wisconsin Supreme Court reversed Court of Appeals's grant of new trial, finding that prosecutor did not unlawfully comment on defendant's exercise of his Fifth Amendment right to remain silent. On remand, Court of Appeals rejected defendant's other bases for overturning his conviction, finding no reasonable probability that newly discovered evidence would have changed the jury's verdict and evidence the prosecution did not disclose to be immaterial. The Wisconsin high court denied defendant's subsequent petition for review.
Watson Memorial Spiritual Temple of Christ v. Korban
Ruled that mandamus was an appropriate vehicle for landowners to collect from the city's sewerage and water board inverse-condemnation damages awarded in prior suit
Defining Legal Parenthood for Same-Sex Families
Now-unconstitutional bans on same-sex marriage can undermine efforts to establish parental rights even today.
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
State Court Oral Arguments to Watch for in May
Issues on the dockets include limits on a reform-minded prosecutor, automatic life sentences for late adolescents, and a ban on misgendering LGBTQ+ senior citizens.
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.
A Practical Guide to Using State History to Overcome Federal Precedent
Lawyers often waive state constitutional claims by failing to make arguments that diverge from federal case law. An originalism-style approach may provide alternatives.
Stefanik v. Hochul
Upheld New York's universal early mail voting law. The state high court disagreed that a state constitutional clause expressly authorizing absentee voting for specific categories of people should be interpreted to prevent mail-in voting by all others, based on the presumption of constitutionality for state laws, the constitutional history, and another clause allowing the legislature to authorize the "method" of elections.
Wyoming Supreme Court Set to Decide Whether Abortion Is Health Care
A lower court ruled Wyoming’s abortion ban violated a state constitutional amendment guaranteeing the right to make one’s own health care decisions.
