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State v. Gonzalez (In re Sargent)
Ruled that trial courts may deny bail to defendants charged with class A felony offenses because the constitution focuses on whether the offense in general, not as charged to the specific defendant, is punishable by the possibility of life in prison
Joseph v. State
Ruled that the state constitution does not require probable cause for an exterior canine sniff of a vehicle
State v. Langston
Ruled that the sentencing court’s consideration of acquitted conduct did not violate defendant’s state constitutional rights to due process
State ex rel. DeBlase v. Ohio Ballot Board
Concurrence would have held that constitution's initiative and referendum clause does not limit ballot initiatives to a single subject, object, or purpose
Oklahoma Call for Reproductive Justice v. State
Ruled that legislative acts prohibiting abortion after certain cutoff points while providing for a civil enforcement mechanism were unconstitutional
Raffensperger v. Jackson
Held that an licensing requirement for lactation consultants violated due process and the right “to pursue a lawful occupation of their choosing free from unreasonable government interference”
Nestor M. Davidson
Nestor M. Davidson is the Albert A. Walsh Professor of Real Estate, Land Use, and Property Law, Fordham Law School.
Will Courts Continue to Favor State Control Over Home Rule?
Constitutional amendments giving cities greater authority over local policy have repeatedly met resistance by state courts over the last century.
Wisconsin Justice Initiative, Inc. v. Wisconsin Elections Commission
Held that the process by which Marsy's Law amendment was submitted to voters satisfied constitutional requirements
In re Judge Christian Coomer
Ruled that judicial conduct code does not apply to conduct before the person became a judicial candidate and that discipline for conduct outside of the judicial capacity requires bad faith
