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In re Smart
Ruled that state constitution does not bestow a legally protected interest in obtaining a commutation hearing that would implicate procedural due process rights
In re Petition for Emergency Remedy By Maryland State Board of Elections
Ruled that election law delegating task of protecting electoral integrity to courts did not violate constitution’s separation of powers clause as the task was a judicial function
New Findings Highlight Lack of Diversity on State Supreme Courts
More data and further scholarship is needed to devise policies for promoting a state bench that adequately represents the varied background of the public.
Chihiro Isozaki
Chihiro Isozaki is a counsel in the Democracy Program at the Brennan Center for Justice.
Commonwealth v. Privette
Ruled that investigating officers’ knowledge giving rise to reasonable suspicion can be imputed to an acting officer so long as there was awareness of some critical facts and communication with those officers
The Search and Seizure Law of State Constitutions
Massachusetts is on the front lines of a movement toward independent state constitutional rights.
Stephen Henderson
Stephen Henderson is the Judge Haskell A. Holloman Professor of Law at the University of Oklahoma.
State v. Pool
Ruled where the protections against unlawful searches under the federal and state constitution are coextensive, a valid waiver of rights under one constitution constitutes consent to conduct covered by both constitutions
State v. Brearcliffe
Ruled that defendant must receive notice their right to appeal may be waived if their absence prevents sentencing from occurring within ninety days after conviction
LS Power Midcontinent, LLC v. State
Ruled that bill enacting a right of first refusal in competitive bidding likely violated the single-subject requirement of the state constitution
