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Parrish v. State of Florida
The Florida Supreme Court will resolve a split among the state’s appellate courts over whether a trial judge’s choice not to impose a sentence that falls below the statutory range for the crime — known as a “downward departure” — is appealable by a defendant.
Legislature of the State of California v. Weber
The California Supreme Court decided, without the benefit of lower court review, to remove from November’s ballot a proposed initiative that would require voter approval of nearly any new statewide or local tax.
Priorities USA v. Wisconsin Elections Commission
The Wisconsin Supreme Court reinstated the use of ballot drop boxes, finding it was within election officials' statutory authority to decide whether or not to offer them as a way for voters to return absentee ballots.
Associated General Contractors of Washington v. State
Held that held that the new statute governing use of collective bargaining agreements (CBAs) to set prevailing wage rates did not unconstitutionally revise or modify earlier statute limiting use of data from wage surveys
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.
Bouvier v. Porter
Held that attorneys who assisted voters in filing allegations of voter fraud in a state election in 2016 were shielded from defamation claims
City of Lancaster v. Pennsylvania Public Utility Commission
Ruled that the Public Utility Commission's regulation addressing gas meters in historic districts did not unconstitutionally delegate unfettered authority to natural gas distribution companies to determine location of gas meters in historic districts
Montanans for Election Reform Action Fund v. Knudsen
Held that petitioner’s proposed ballot issue did not violate the separate-vote requirement provision
Spokane County v. Meneses
Held that the Secretary of Department of Social and Health Services is not a “state officer” to whom the Supreme Court may issue a writ of mandamus through the exercise of original jurisdiction
Conn v. Kentucky Parole Board
Held that the Parole Board's issuance of a "serve-out" on a life sentence did not encroach upon court's exclusive authority to set defendant's sentence and, therefore, did not violate separation of powers