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The Alabama Constitution: Despite a Century of Updates, Traces of its Racist Past Linger
The constitution’s extensive amendments and inclusion of local government rules make Alabama’s constitution the country’s longest
Satcher v. Columbia County
Held that the injunction entered against county, preventing it from maintaining a defective stormwater drainage system, exceeded the scope of the sovereign immunity waiver
Ohio v. Isaiah Morris
Court will review court of appeals's decision finding that the state constitutional right to counsel is more protective than the 6th Amendment and requires a defendant, who has been formally charged and secured an attorney, to consult with counsel before any waiver of his right to have an attorney present during a police interrogation can be valid.
Layla H v. Virginia
Plaintiffs claim that state’s practice of approving permits for fossil-fuel infrastructure violates substantive due process and public trust rights to natural resources, protected by the state constitution. They claim such practice infringes these rights by contributing to greenhouse-gas pollution and climate change. A trial court dismissed plaintiffs’ complaint, and the intermediate appellate court affirmed on the basis that the plaintiffs lack standing. Finding that there was no reversible error, the Virginia Supreme Court declined to grant review of the appellate court decision.
Natural Rights in State Courts
State constitutional provisions broadly protecting “inherent rights” do real work.
Sports Medicine Research & Testing Lab. v. Board of Equalization of Salt Lake County
Held that taxpayer's use of facility to perform market-rate testing for professional sports organizations did not serve a charitable purpose and taxpayer was not entitled to tax exemption
State v. King
Held that the constitutional prohibition on pre-submission deliberations by juries does not apply to three judge panels
Gilpin v. Harris
Ruled that victims are entitled to restitution from defendants found "guilty except insane" under Arizona's Victims' Bill of Rights when the defendant's actions cause or threaten death or serious bodily injury
Norwood v. Frame
Held that defendant's sentence of life in prison pursuant to a recidivist statute did not violate constitutional proportionality principles
State v. Case
Ruled that a warrantless entry into the defendant's home was justified under the community caretaker doctrine and did not violate Montana's expanded privacy protections
