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State v. Gibbons
Ruled that a statute imposing a mandatory minimum $5,000 fine without regard to a criminal defendant's ability to pay was facially unconstitutional in violation of Montana's proportionality requirement and the Excessive Fines and Fees Clause
Office of the State of Public Defender v. Bonta
Plaintiffs, a group of civil right and legal organizations, challenge the legality of the California death penalty statute, claiming it is racially discriminatory and violates the state constitution.
City of Dallas v. Employees Retirement Fund of City of Dallas
Held that a city cannot delegate to a third party the perpetual right to veto changes in a city ordinance under art. 11 section 5 of the Texas Constitution
Board of Education v. Cabell County Public Library
Ruled that the restoration of equalization payments from the county board of education, pursuant to Special Acts, violated equal protection insofar as the payments required that funding district and library to be part of the county board of education's excess levy proposal
Thompson v. Fhuere
Held that defendant's challenge to constitutionality of death sentence, together with challenge to postconviction court's modification of sentence rather than remand for resentencing, were not cognizable on postconviction review after Governor commuted death sentence
Catholic Charities Bureau, Inc. v. State
Held that determination that corporate subentities of Roman Catholic diocese's social ministry arm were not operated primarily for religious purposes did not constitute as-applied violation of Establishment and Free Exercise Clauses
Wyoming Supreme Court Signals Openness to Limiting Excessive Punishments
At oral arguments over the constitutionality of mandatory life-without-parole sentences for young adults, several justices suggested the right to be free from “cruel or unusual” punishments might be fundamental.
State Constitutional Challenges to Laws Defining Sex
A Montana court decision shows how state protections for privacy and against discrimination may invalidate laws defining sex as binary.
State v. McKelvey
Held that a state trooper's use of telephoto lens to enhance photographs of defendant's greenhouse from aerial surveillance was a "search" under the state's search and seizure clause
Smith v. Ohio State University
Held that discretionary immunity serves as a jurisdictional bar, not an affirmative defense, to suits against the state in the Court of Claims
