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Symposium: State Constitutions and the Limits of Criminal Punishments
As the Supreme Court steps back on individual rights, state constitutions are filling the void. Do we fully understand their role and importance?
The Strange Legal Standard Eroding Civil Rights In North Carolina
In a string of recent cases, the North Carolina Supreme Court has demanded claimants prove that statutes are “unconstitutional beyond a reasonable doubt.”
Mitchell v. Palmer
Held that the trial court should have considered relevant factors on defendant's motion to disqualify entire prosecutor's office with which victim was employed
State v. Slaughter
Held that defendant was entitled to credit against sentence for bribery for entire 263 days spent incarcerated following his arrest through sentencing
Forward Montana v. State
Held that litigation challenging statutory provisions relating to campaign activities and judicial recusal vindicated important constitutional interests and plaintiffs were therefore entitled to attorneys fees under the Private Attorney General Doctrine
The Virginia Constitution: An Influential and Resurgent Declaration of Rights
The state’s supreme court has recently interpreted the constitution to provide stronger protections for rights than are guaranteed by the U.S. Constitution.
Rainwaters v. Tennessee Wildlife Resources Agency
Rejected federal "open fields" exception to the federal Fourth Amendment in interpreting Article I, Section 7, of the Tennessee Constitution
State Court Oral Arguments to Watch for in June
Issues on the dockets include partisan gerrymandering, fines and fees imposed on indigent defendants, and bans on flavored tobacco and online vision tests.
Planned Parenthood of the Heartland, Inc, et al. v. Kim Reynolds, et al.
The Iowa Supreme Court held that abortion is not a fundamental right under the state constitution and is only subject to rational basis review. The court reversed a lower court injunction halting the state's "fetal heartbeat" law.
Cobb County v. Floam
Held that the claims of two citizens who sought a declaratory judgment that their local board of commissioners acted unconstitutionally when it changed the commission district boundaries lines must be dismissed because the plaintiffs did not show any uncertainty as to their future conduct that warranted declaratory relief.
