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State v. Robinson
Ruled legislature treated fetus as a type of child in aggravator factor statute for capital cases resulting in constitutionally permissible basis to support aggravator finding
The Village of Newburgh Heights v. State
Held that a statute reducing a municipality's state funding by an amount equal to the fines collected from traffic camera citations did not violate home rule authority
Massachusetts Reminds Youth Defense Attorneys to Consider State Constitutions
By holding that life without parole sentences are unconstitutional for anyone under 21, the Massachusetts high court goes far above the federal floor.
Kristina Kersey
Kristina Kersey is an assistant professor at the University of Tennessee College of Law, where her scholarship focuses on the juvenile carceral system and youth rights. She previously worked in...
Caruso v. Eighth Judicial District Court of Nevada
Dissent would have held that separation of powers prohibits a state legislator from also serving as a prosecutor, an executive branch function
Metropolitan Government of Nashville & Davidson County v. Tennessee Department of Education
Ruled that a program redirecting money from local public school systems directly to some students to pay for private school tuition did not violate home rule provision
City of Baytown v. Schrock
Concurrence emphasized the protections provided by the state takings clause, but agreed that property damage due to civil enforcement of an ordinance is not enough to sustain a regulatory takings claim
The Promise and Limits of State Constitutions
As the Supreme Court steps back on individual rights, state constitutions are filling the void. Do we fully understand their role and importance?
State v. McAlpin
Dissent would have held that defendants have a constitutional right to hybrid representation, in which defendant and defense counsel share responsibilities
