Constitutional Cases
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Coverage since January 5, 2026

Constitutional

Appellate Division, Second Department
Uncategorized

People v. Bryant — Court Reverses Conviction Where Police Lacked Reasonable Suspicion to Pursue Pedestrian

The Appellate Division, Second Department reverses a weapon possession conviction after finding that officers lacked reasonable suspicion to pursue a man who walked between two residential driveways, rendering the subsequent discovery of a discarded firearm the product of an unlawful seizure.

Court of Appeals of South Carolina
Uncategorized

State v. Manigo — SC Court of Appeals Dismisses Pretrial Detainee’s Appeal of Order Releasing Jail Phone Calls as Non-Appealable Interlocutory Order

The South Carolina Court of Appeals dismissed a pretrial detainee’s appeal of a circuit court order releasing his jail telephone calls to the media, holding the order was non-appealable as interlocutory, and reaffirming that South Carolina requires evidence of actual juror bias rather than presumed prejudice from pretrial publicity.

Indiana Supreme Court
Uncategorized

Ramos-Osario v. State — State Need Not Re-Prove Constitutional Compliance at Trial After Winning Suppression Hearing

The Indiana Supreme Court held that when the State proves the constitutionality of a search or seizure at a pretrial suppression hearing, it is not required to re-establish constitutional compliance at trial; courts assessing the stop’s validity may consider evidence from both the suppression hearing and the trial, and the exclusionary rule’s aims are fully served by requiring proof once.

Commonwealth Court of Pennsylvania
Uncategorized

Davies v. Pennsylvania Parole Board — Triennial Parole Review for Rape Convicts Does Not Violate Ex Post Facto Clause

The Commonwealth Court of Pennsylvania held that the 2020 amendment changing mandatory parole review for rape convicts from annual to triennial (61 Pa.C.S. § 6139(a)(3.3)) does not violate the ex post facto clause, because it alters only when the Board must conduct review—not the standards for granting parole or the Board’s authority to act on its own motion sooner.

Appellate Division, Third Department
Uncategorized

Matter of State of New York v. John T. — Third Department Holds Clear-and-Convincing Standard Constitutional for MHL Art. 10 Sexual Motivation Finding

Third Department affirms civil confinement under Mental Hygiene Law Article 10, joining the First and Fourth Departments in holding that due process does not require the ‘sexual motivation’ element of a pre-SOMTA offense to be proved beyond a reasonable doubt — clear and convincing evidence is constitutionally sufficient.

Commonwealth Court of Pennsylvania
Uncategorized

Kapish v. Bureau of Driver Licensing — Ten-Year Court-Caused Delay in License Suspension Hearing Mandates Reversal Under Middaugh Due Process Test

The Commonwealth Court of Pennsylvania reversed the denial of a license suspension appeal, holding that Court Administration’s ten-year failure to schedule a hearing — despite repeated court orders to do so — constituted an extraordinary government-caused delay that violated the licensee’s due process rights under the Middaugh framework and mandated dismissal of the suspension.

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