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Mellor v. Jefferson Parish
Ruled that trial court lacked the authority to order that a parish transfer funds into the court's registry in order to satisfy a judgment
State v. Lee
Ruled that the separation of powers prohibits the judicial branch from exercising pardon power by granting clemency to defendants
Wahkiakum School District No. 200 v. State
Ruled that capital construction costs are not included within the category of education costs for which the state must make ample provision
State Court Oral Arguments to Watch for in January
Issues on the dockets include large-capacity magazines, conversion therapy, and “regulation without representation.”
State v. Ayon
Ruled that a district court judge presiding over a preliminary hearing has no authority to decide whether evidence was obtained from an unconstitutional search or seizure
Texas Lawmakers’ Unusual Attempt to Halt the Execution of a Possibly Innocent Man
The state high court held that the Texas legislature’s use of its subpoena power to delay an execution violated separation-of-powers principles.
Constance Van Kley
Constance Van Kley is an Assistant Professor at the Blewett School of Law at the University of Montana, where she teaches federal and state constitutional law.
A Constitution Unique to Montana and Uniquely Montanan
The state’s 1972 charter is populist, pro-conservation, and libertarian.
Clark v. State
Held that when a defendant alleges ineffective assistance of counsel based on counsel's failure to object to an overnight noncommunication order, a presumption of prejudice is warranted
Ohio Organizing Collaborative v. Ohio Redistricting Commission
Held that legislative districts violated new constitutional provisions prohibiting partisan gerrymandering
