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State Court Oral Arguments to Watch for in November: Criminal Law Edition
Issues on the dockets relate to the many ancillary consequences that can stem from criminal charges.
Washington Supreme Court to Assess How Closely to Scrutinize Voting Restrictions
The court will decide whether its state constitution provides stronger protection for voters than the federal counterpart.
Bingham v. Gourley
Court will decide if the four-year statute of repose on medical malpractice claims is unconstitutional under the state and federal constitution.
Iowa Individual Health Benefit Reinsurance Association v. State University of Iowa
Ruled that the statutes requiring state universities to join nonprofit health benefit reinsurance corporation did not violate constitutional prohibition on state acting as a surety for another
Sitka Tribe of Alaska v. State
Held that constitution does not require the Department of Fish and Game to provide all relevant information to the Board of Fisheries as it determines fishery policy
Everhart v. Coshocton County Memorial Hospital
Dissent would have held that prohibiting wrongful death suits because the statute of repose runs before the patient dies violates the constitution's open courts provision
Belser v. Blount County
Held that whether the legislature conducted its internal voting proceedings in compliance with the state constitution is a nonjusticiable political question
Kell v. State
Ruled that defendant failed to demonstrate that dismissing a petition for post-conviction relief filed five years after the discovery of the evidence violates the state constitution
State v. Wilcox
Held that seizure of defendant’s backpack, incident to seizure of the defendant under non-criminal public intoxication law, was an administrative seizure
Pennsylvania Supreme Court Says Provisional Ballots Cast by Voters Whose Mail-Ballots Were Invalid Must Be Counted
The ruling denies the Republican National Committee’s appeal arguing that Pennsylvanians should not have a second chance to vote if their mail-in ballots are disqualified because they made a mistake
