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Article: Expanded rights through state law: the United States Supreme Court shows state courts the way.
- Article from:
- Journal of Appellate Practice and Process
- Article date:
- September 22, 2002
- Author:
CopyrightCOPYRIGHT 2002 University of Arkansas at Little Rock William H. Bowen School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
Three important cases decided during 2002 show the Arkansas Supreme Court embracing the new judicial federalism with a commitment and panache not previously seen in Arkansas jurisprudence. In one four-month stretch, the court used the search-and-seizure provision of the Arkansas constitution as the basis for affirming the suppression of items seized during an illegal night-time search, (1) affirmed the constitutional invalidity of a pretextual arrest and the suppression of the drugs obtained incident to it, (2) and struck down the state's criminal sodomy statute on grounds that it violated both the due process and equal protection clauses of the ...